Will to be legally bound

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The will to be legally bound is a term from the legal business theory of the German Civil Code . The will to be legally bound is the will to be legally bound by a declaration. It does not exist in the case of the invitatio ad offerendum , the entering into so-called favors or the provision of information and advice.

The relationship between the will to be legally bound and the awareness of the declaration is unclear. Often one sees the will to bind legal boundaries as surrounded by the will to do business . The case law seems to equate the will to do business and the will to be legally bound. Others emphasize that a sense of explanation and the will to be legally bound are related. In part, the will to be legally bound is classified as an element of both facts.

In order to determine whether the declaring party has a will to be legally bound, an objective standard must be applied. Indications are in particular the type of transaction, its reason and purpose or its economic and legal significance. The decisive factor is whether legal transactions understand the declarer's behavior as a legally binding declaration or whether the declarer was able to recognize and avoid this (so-called objective recipient horizon).

Individual evidence

  1. ↑ Rechtsbindungswille Rechtslexikon.net, accessed on August 2, 2020.
  2. ↑ cf. also Florian Bien , Michael Sonnentag : Introduction: The declaration of intent, University of Würzburg, 2015, p. 3.
  3. ^ Daniel Matthias Klocke: Awareness of explanation and the will to be legally bound - declaration of intent and legal transaction Halle-Wittenberg, Univ.-Diss. 2014, pp. 23, 33 ff.