Piece guilt
Piece guilt (also species guilt ) is a legal term from German law of obligations . This is a contractual relationship in which the debtor the creditor a concrete particular thing has to deliver.
A piece debt can arise in two ways. One possibility is for the contracting parties to agree on an individual matter. Examples are a unique work of art and a used car, the individual condition of which is essential for the parties. The second possibility is to specify it . In doing so , a piece is selected from a thing that is only determined according to the generic feature, a generic debt (a so-called concretized generic debt according to Section 243 (2 ) BGB ).
A piece debt can only be fulfilled with the specific thing . This has an effect in the event of a performance failure. If the object of performance is lost, the debtor is released from his obligation to perform according to Section 275 (1) BGB.
literature
- Hans Brox , Wolf-Dietrich Walker : General law of obligations . 39th edition. CH Beck , Munich 2015, ISBN 978-3-406-64653-9 .
Web links
- Wolframerz case: RG , judgment of March 9th, 1918, Az. I 235/17, full text = RGZ 92, 369 (distinction between generic debt and individual debt)
- Helmut Rüßmann : Piece debt , accessed on October 21, 2012.
- OpinioIuris / Ortmann : piece guilt , encyclopedic articles from 1 November 2012 found.
