Error of explanation
In German civil law, the declaration error refers to the unconscious divergence between what has been objectively declared and what is subjectively wanted in a declaration of intent because the declaring party did not want to make a declaration of this content at all ( Section 119 (1) Alt. 2 BGB ).
requirements
The prevailing opinion in jurisprudence places the emphasis in the legal text on "an explanation of this content (...) did not want" and assumes an explanatory error if the declarer wanted to make a declaration of intent, but uses a different explanation mark than he had intended. The classic cases are those of promising, prescribing, typing and mistyping.
In contrast, a minority opinion focuses on "a declaration (...) does not give wanted" and takes a statement error also appropriate when the declarant at the time of objective explanation, the explanation awareness was missing or the declaration of intent is gone missing.
Legal consequence
The error of declaration entitles to avoidance , whereby the contested legal transaction becomes null and void from the beginning according to § 142 BGB (exception: some long-term obligations such as employment or partnership contracts only become null and void at the time of the avoidance). The person making the declaration has the right to contest the declaration, as the declaration made is effective for the recipient of the declaration, because the recipient of the declaration cannot recognize the error in the declaration. The recipient of the declaration can rely on the correctness of the declaration.
Transmission error
A special case of the declaration error is the so-called transmission error , if a messenger is used to submit the declaration of intent , § 120 BGB. A transmission error is also assumed if an error in the data transfer results in the seller's merchandise management system transmitting an incorrect purchase price to the product database on the website. The seller is then entitled to challenge in accordance with Section 119 (1) 2nd alternative BGB in conjunction with Section 120 BGB. Who is challenging the declaration of intent is, in principle, required the fidelity according to § 122 to replace the Civil Code.
A distinction must be made between error of explanation and error of properties , error of content and error of identity .
Individual evidence
- ↑ BGH, judgment of January 26, 2005 - VIII ZR 79/04 = NJW 2005, 976
- ↑ Which errors justify a challenge? , Internet Advisor Law, accessed on July 28, 2008
