Wrongdoing

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As wrong transport actions and their consequences are referred to the law of obligations which are neither legal actions are still neutral actions.

Legal actions such as declarations of intent can deliberately set legal consequences, for example the conclusion of a contract. The law attaches certain legal consequences, such as a claim for damages, to unlawful acts such as unlawful acts or the violation of contractual or legal obligations , regardless of the will of the acting party . The starting point for the wrong traffic is not the capacity , but the offense ability ( § 827 , § 828 , § 276 BGB).

In unlawful dealings, the peculiarities applicable to legal dealings such as representation , consent or contestation are not applicable. The same applies to the legal liability of the bogus merchant .

Individual evidence

1. ↑ Josef Kohler : Textbook of Civil Law Volume 1: General Part, Berlin 1906, p. 576 ff.
2. ^ Kohler, p. 578
3. ↑ Legal certificate merchant, apparent shareholder Mindmap, juraLIB.de
4. ↑ Karsten Schmidt : Does § 5 of the German Commercial Code (HGB) apply to “injustice”? , DB 1972, 959-962