Real offer
In German civil law, a real offer is a special form of an offer that is aimed at the conclusion of the purchase contract ( § 433 BGB ) and the transfer in rem ( § 929 BGB). The service offered is usually actually provided without further ado, without the need for an express declaration. The transfer of ownership is subject to the condition precedent ( § 158 Paragraph 1 BGB) of acceptance of the purchase offer. Petrol pumps at gas stations may serve as a prime example of real offers. Social Typically, the seller of gasoline assumes that his real offer (gasoline tax) from motorists as self-operator adopted is. The Supreme Court speaks in these cases of the normative force of the prevailing practice , the behavior of the acceptance of the performance of the content of a real declaration of intent attaches.
In the case of a real offer, an implied waiver of receipt of acceptance within the meaning of § 151 sentence 1 2nd alt. BGB accepted. The real offer becomes important in the context of § 241a BGB when sending unordered goods by an entrepreneur to a consumer , since in this constellation ownership and possession of the unordered goods permanently diverge. The company has neither a legal claim to the return of the item nor to payment of the purchase price, but the recipient of the goods does not become the owner of the item either, but can handle the goods at will.
Individual evidence
- ↑ BGHZ 202, 17.
- ↑ Dieter Medicus / Jens Petersen : Civil law according to claim bases , 25th edition, Rn. 192
