Election guilt
In German private law, elective debt refers to an obligation ( debt ) that is directed towards various, specific individual services. If the choice is made later, only the chosen obligation must actually be fulfilled.
In other words, the debtor is only a committed performance. Which of the possible services is ultimately to be provided by him will be determined later, in case of doubt the debtor has the right to choose. The choice is effective in German private law in accordance with Section 263, Paragraph 2 of the German Civil Code (BGB) goes back to the time at which the obligation arose;
literature
- Joachim Erler, Elective guilt with the creditor's right to vote and guilt with the creditor's right to substitute , 1964.
- Claudia Wagner, Electoral Guilt in the System of Indefinite Achievements , 2010.
- Karl-Heinz Ziegler, The worthlessness of the general rules of the BGB on the so-called elective debt (§§ 262 to 265 BGB) , in: Archive for civilist practice 171, 1971. pp. 193–217.
