Hope buy
A hope purchase ( Latin emptio spei ) is a purchase contract that deals with the chance of a possible profit. The buyer has to pay the purchase price even if the hope of profit is not fulfilled.
Today's school example of the purchase of hope is the sale of lots .
In Justinian's late antique digests , future fishing and bird trapping was cited as an example of a purchase contract that could also be concluded in advance and that was valid even if nothing was caught afterwards. In Art. 2451 of the Louisiana Civil Code , the future fishing trip is also listed as an example for the sale of a hope .
In German law, the hope purchase is a valid purchase contract for other items within the meaning of Section 453 (1) BGB . In Austrian law, the purchase of hope is a contract of luck in accordance with Section 1276 clause 2 ABGB .
The emptio spei must be distinguished from the emptio rei speratae (purchase of a hoped-for thing). In this case, the purchase price is only to be paid if the hoped-for item actually arises. A prime example is the purchase of an unborn calf. It should be a sales contract with one condition.
See also
literature
- Roland Michael Beckmann: Hope purchase (emptio spei). In: Julius von Staudinger (Hrsg.): Commentary on the civil code with introductory law and subsidiary laws. Revised 2004, preliminary remarks on §§ 433 ff., Rn. 151
- Hans Putzo : Commentary on § 433. In: Otto Palandt : Bürgerliches Gesetzbuch . 66th edition, 2007. ISBN 978-3-406-55266-3 .
- Rolf Knütel : About freed birds, beautiful sleepers and jumping dogs or: Exempla docent. In: Legal Training . Year 2001, issue 3, p. 211 f.
- Hope buy . In: German Academy of Sciences of the GDR, Prussian Academy of Sciences (Hrsg.): German legal dictionary . tape 5 , booklet 8 (edited by Otto Gönnenwein , Wilhelm Weizsäcker , with the assistance of Hans Blesken). Hermann Böhlaus successor, Weimar 1967, OCLC 832566414 ( adw.uni-heidelberg.de - first edition between 1952 and 1960).
Individual evidence
- ↑ D. 18, 1, 8 pr. 1 ( Memento from September 26, 2007 in the Internet Archive )
