Neutral business
In German legal business theory, there is a neutral transaction or a legally neutral transaction if a legal transaction has neither advantages nor disadvantages from a legal point of view for the person who undertakes it.
The term comes from the rule in § 107 BGB that the legal transaction of a minor without the consent of his legal representative is only effective if the legal transaction is "legally advantageous" to the minor. “Legally disadvantageous” transactions, on the other hand, require the consent of the minor's legal representative to be effective.
In between are "legally neutral" businesses. The prevailing opinion in the law it also holds for effective without the consent of the legal representative.
Examples of legally neutral transactions are the determination of the performance of a third party by the minor in accordance with Section 317 of the German Civil Code or legal transactions that the minor undertakes as a representative of a third party in accordance with Section 165 of the German Civil Code .
Individual evidence
- ↑ a b Otto Palandt : Civil Code . CH Beck, 73rd edition, Munich 2014, ISBN 978-3-406-64400-9 , § 107, Rnr. 7th
- ↑ MüKo / Wolfgang grid, § 107 Rnr. 16; Justus von Olshausen : in AcP 189, 231 (h. M.).
