Business will

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Legal business theory understands the term business will to be a subjective element of a declaration of intent .

In addition to the will to act and to explain , it is often required as a requirement for an effective declaration of intent. However, it can only be distinguished from the latter if it is directed towards a specific legal transaction. The BGH was able to make this distinction in a case that was based on the signature of a certain document other than the bill of exchange that was required to be signed.

If the will to do business is missing when submitting a declaration of intent, this is indeed flawed, but definitely effective. The lack of correspondence between the business will and the declaration therefore does not lead to nullity , but is processed via the right of avoidance in accordance with Section 119 (1) BGB .

The contestation leads to compensation for the contestant in accordance with Section 122 of the German Civil Code (BGB ) , which the contestant suffered because he trusted the effectiveness of the declaration of intent . The scope of the compensation is limited to the negative interest according to § 122 Abs. 1 BGB .

Example: A would like to order a vacuum cleaner from mail order company O. When filling out the order form, A accidentally enters an order number that is assigned to a completely different article.

Individual evidence

  1. ^ Dieter Medicus : Civil law . 19th edition Carl Heymanns Verlag, Cologne 2002, ISBN 3-452-24982-4 , Rnr. 131.
  2. BGH NJW 1968, 2102 f.