Precarious contract
The precarious , also bit series or surrender of use , is a special form of lending . In contrast to normal lending, the lender can claim the thing back at any time at will. It is therefore a revocable granting of a right from which no legal claim can be derived.
In Austrian law, the precariousness is standardized by § 974 ABGB (identical in Liechtenstein law in § 974 ABGB ).
In German law there is always the right to reclaim the borrowed item at any time, provided that no duration has been agreed for the loan, cf. Section 604 BGB . It is therefore not a special case of loan under German law.
Roman law
In Roman law , the precarium was also the free transfer of a thing or a right of revocation. In contrast to today's Austrian / Liechtenstein law, however, it was not a contract. Rather, it was a social relationship in which a rich man granted benefits to a poor person free of charge. In the course of the development of Roman law, however, the handling increasingly approached that of the contract, especially with regard to the liability of the recipient (the precarist).
See also
swell
- ↑ Contrary to the wording of the law: " If neither the duration nor the intention of the use has been determined, then no real contract arises, but a non-binding bit-leasing (precarium), and the lender can claim back the borrowed thing at will. " in Liechtenstein and Austria it is assumed that the bit series in the ABGB is a contract, as there is agreement between the parties on the use of the item.
- ↑ Dernburg, Heinrich: Pandekten, 6., verb. 2nd edition: Code of Obligations, Berlin 1900. Page: 245 ff
