Paschal position

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As Pasha position refers to the position of a creditor in the total debt . He can demand “all or part of the performance from each of the debtors at his discretion. All debtors remain obligated until the entire service has been effected ”( § 421 BGB ). The creditor thus has the advantage of being able to hold onto the most solvent, most reliable debtor. He can demand the entire guilt from him; the settlement between the debtors takes place later in the internal relationship ( § 426 BGB) and does not need to concern the creditor.

The term comes from the authority of a pasha who could decide at his own discretion. It was introduced by the legal scholar Philipp Heck in his 1926 Outline of the Law of Obligations .

literature

  • Philipp Heck : Outline of the law of obligations . Mohr, Tübingen 1929, p. 492 .