Legal success
Under a law of success is understood in the jurisprudence of a declaration of intent or legal rule the object and of the legal system recognized legal effect .
General
The declaration of intent is the statement of a directed to a legal success will . The intended legal consequence only comes into effect if and because at least two declarations of intent are directed towards its creation. In the case of legal success, it does not matter whether this is also associated with positive economic success ( profit ). Rather, it is all about legal success, which can also be associated with a negative economic effect for the legal entity concerned ( loan termination from the perspective of the borrower ). A legal consequence does not arise because it is wanted by the legal entities involved. Rather, it is necessary that the legal system recognizes the intended legal success. The legal success lies in the occurrence of a certain legal consequence, as provided by the law.
species
There are three main types of legal success:
- A certain legal result can occur because it is wanted by the agent (e.g. declaration of intent, Section 130 BGB ). Here one speaks of legal transaction behavior, the acting person has made a legal transaction .
- A certain legal result can occur because it is ordered by a legal norm and not because it is wanted ( claim to surrender of property , § 985 BGB). It does not matter whether the actor wanted to achieve legal success.
- Business-like acts : The legal subject takes an act of will, but the legal success occurs anyway by virtue of the law. The will only needs to focus on actual success ( warning , § 284 BGB).
- In the case of real acts , the will of the agent is not required because they are actual acts. The real act aims at an actual success (like processing , connection , mixing ).
- Illegal actions: It is intentional no right success, but a success unlawful. Intentional intent is the will of an offender aimed at unlawful success .
- A certain legal result can occur, although it is neither wanted nor ordered by a legal norm ( e.g. discontinuation of the business basis , § 242 BGB).
By design right of termination by the employer who acts as legal success termination of employment one.
Favors
The acquisition of favors belongs to the circle of social life (for example, the invitation for dinner), from which no right success as a commitment to performance results. Rather, they are statements with no business motivation.
Individual evidence
- ↑ Hans Brox / Wolf-Dietrich Walker , General Part of the BGB , 2016, Rn. 83.
- ^ Karl Heinrich Friauf , On the problem of the constitutional contract , in: AöR 88, 1963, p. 278.
- ↑ Günther Dopjans, Introduction to Business Law , 1978, p. 9 f. .
