Concretization
As concrete ( latin concretus , "grown together, compacted, composite") is referred to colloquially a cognitive process , in which a previous abstraction by more precise details will be replaced.
General
Concretization often goes hand in hand with the implementation of an initially rough, abstract idea on the level of action . A planning is something abstract and by the implementation of increasingly specific. Also, terms , and especially abstract legal norms to concrete are.
Legal term
The legal term concretization (also: concentration ) describes a process in the law of obligations by which an originally existing generic debt or reserve debt is limited to a certain thing . When the concretization occurs, the guilt is limited to the concretized thing, the original guilt is thus converted into a piece debt .
This is to protect the debtor. Does this sharpened thing under, then the debtor is the performance within the meaning of § 275 para. 1 BGB impossible . This means that the obligee can no longer demand the performance of a similar thing. The performance risk has passed on to him .
If the specification did not exist, the debtor would have to pay again and again in the event of repeated loss of a sent item, for example, since the performance of items of the same type in the case of the generic debt is still possible, even if a specific item has perished.
According to Section 243 (2) of the German Civil Code (BGB), the specification takes effect when the debtor has “done what was necessary for the performance of such a thing”. When this is the case in detail depends on the type of guilt.
In the case of a dispatch obligation , the specification occurs when the debtor hands the thing over to a suitable transport person in a proper manner. In the case of a debt to collect , the specification occurs when the debtor separates the thing and notifies the obligee that it is ready for collection. In the case of an obligation to deliver , the specification finally occurs when the debtor or his assistant offers the thing to the obligee at his place of residence.
Whether the concretization can be canceled again by deconcretization is controversial in jurisprudence.
Individual evidence
- ^ A b c Hans Brox , Wolf-Dietrich Walker : General law of obligations . 39th edition. CH Beck , Munich 2015, ISBN 978-3-406-64653-9 , pp. 89 .
- ^ Jacob Joussen : Law of Obligations I - General Part, Volume 1 . Kohlhammer Verlag , Stuttgart 2008, ISBN 978-3-17-019563-9 , pp. 71-72 .
- ^ Karl Edmund Hemmer / Achim Wüst / Michael Tyroller: Law of Obligations AT. 10th edition. 2015, marginal no. 67a with further evidence.
