Cash transaction
The cash business (of daily life) , often also called hand business , is a typical everyday legal transaction in which obligation and fulfillment coincide in time (buying bread from the bakery). A positive regulation contains § 105a BGB for people who are legally incapable of legal age .
The cash transaction is regularly an obligation transaction that has been fulfilled from the outset. In legal theory, it could easily be brought into close proximity to the “ordinary” contract of obligations by splitting up between the obligatory business share and the business share serving the fulfillment by means of a legal second . But even without this consequence, the contract of obligations forms the causa for the retention, whereby the obligatory function continues in the case of contracts of obligations which are fulfilled immediately. If there are deficiencies in performance , as with all sales contracts , warranty claims apply, which regulate the responsibility for defective services. This applies equally to liability for material and legal defects .
The cash transaction belongs to the "debt contract type without actionable performance claim". It is thus comparable with the legal institution of the natural obligation , which also does not derive any actionable claim. Also comparable are non-formal debt contracts, for example after violating a promise to donate according to § 518 paragraph 2 BGB or after violating the written form of a guarantee declaration according to § 766 sentence 2 BGB. Claims due to poor performance remain unaffected.
literature
- Dieter Medicus : Civil law . 19th edition. Carl Heymanns Verlag , Cologne 2002, ISBN 3-452-24982-4 .
Individual evidence
- ^ A b Dieter Medicus : Civil law . 19th edition Carl Heymanns Verlag, Cologne 2002, ISBN 3-452-24982-4 , § 3 II.
- ^ Otto Palandt : Bürgerliches Gesetzbuch . CH Beck, 73rd edition, Munich 2014, ISBN 978-3-406-64400-9 , introduction to § 433, Rnr. 7th
