Purchase on trial

from Wikipedia, the free encyclopedia
This article or paragraph describes the situation in Germany , Austria and Switzerland . Help me to describe the situation in other countries.

Germany

The sale on approval after § 454 of the German Civil Code , a purchase subject to the condition that the buyer the item purchased within an agreed period (or, if nothing has been agreed within the buyer from the seller given reasonable time, § 455 BGB) approves. When purchasing on a trial basis, there is an effective sales contract from the start. During the approval period, the seller cannot unilaterally change the purchase price. The contractual obligations under sales law according to § 433 BGB (e.g. obligation of the buyer to pay) are subject to the condition precedent of approval.

Until approval, the buyer has a right of return if the goods do not meet his expectations. About If the seller allows the buyer a view broadcast and the buyer makes the trial period without the express rejection of the goods pass, his true silence as approval.

Roman law forerunners of purchase on probation was the agreement pactum displicentiae . The buyer could conditionally return the item to the seller if he did not like it. According to the legal structure, it was a special agreement ( pacta adiecta ), not a separate contract. According to another research opinion, there was no legal institution of the condition subsequent in Roman law, which is why the ancillary agreements should have included agreements to cancel a purchase contract.

Austria

The purchase on is in Civil Code ( General Civil Code ) in the §§ 1080 to § 1082 controlled ABGB. The description of the term in Austria corresponds to that in Germany.

Switzerland

The purchase on or Besicht is in Obligationenrecht Art. 223 regulated. The description of the term in Switzerland corresponds to that in Germany.

Web links

Individual evidence

  1. ^ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 245 f.
  2. ↑ Werner Flume : Legal act and legal relationship: Roman jurisprudence and modern legal thinking. , Paderborn, Munich, Vienna, Zurich. Schöningh, 1990, ISBN 3-506-73356-7 . P. 169.