Business-like act
Under business-like actions are understood explanations (which no declaration of intent are) occur where certain statutory legal consequences.
General
The business-like action is to be distinguished in particular from the legal transaction and the real act . The main difference to a legal transaction is, on the one hand, that the expression of will in the case of a business-like act is aimed at bringing about an actual success, while in a legal transaction it is aimed at bringing about a legal success ( declaration of intent ). On the other hand, the legal figures distinguish that in the case of a business-like act, certain legal consequences are brought about by law, while in the case of a legal transaction, by virtue of an agreement, willful (intentional) legal consequences are brought about. The main difference to the real act is that it is not based on an expression of will.
Examples
Business-like acts are for example
- the raising of the objection to the statute of limitations .
- The reminder ; The legal consequence is default ( § 286 ff. BGB).
- The setting of a grace period in Section 281 Paragraph 1 Clause 1, Section 323 Paragraph 1 BGB, the statutory consequence is the right to withdraw or, in the case of Section 281 BGB, to compensation .
- The request for a declaration of approval in accordance with Section 108 (2), Section 177 (2) BGB; The legal consequence is the beginning of the two-week period, after which the approval is considered refused after the unsuccessful expiry.
- The profit notification according to § 661a BGB; The legal consequence is the consumer's (actionable) claim to the purchase price .
- Various notifications and notifications: Section 149 , Section 170 , Section 171 Paragraph 1, Section 409 , Section 415 Paragraph 1 Sentence 2 BGB; legal consequences are i. d. R. certain fictions.
- Notification of defects according to § 377 HGB; The legal consequence is the preservation of the buyer's rights due to defects (the rights must then be exercised later through a declaration of intent, unless the notification was implied).
- According to the prevailing opinion, there are also repayment provisions (details of the intended use), but not the warning under competition law .
Legal consequences
On business-related activities, the provisions on legal acts and declarations of intent are partly analogous applicable, in particular the capacity , the representation and the interpretation of provisions of § 133 , § 157 BGB. Business-like actions, for example in the event of an error , deception or threat , can also be challenged analogously in accordance with § § 119 ff. BGB . Rules of moral standards (eg § 138 BGB), resulting in obligations similar action little sense because the sanction is determined by the (usually constitutional) law, which therefore should not imply moral standards.
Individual evidence
- ↑ Beck'scher Onlinekommentar-BGB / Wendtland, 31st Edition, Munich May 01, 2014, § 133 Rn 16
