Civil law principle of certainty (Liechtenstein)

The principle of certainty in Liechtenstein civil law stipulates that declarations, objects, services, laws, etc. must be described with sufficient accuracy and is based on several provisions in civil law.

civil right

Among other things, on Section 869 of the Liechtenstein General Civil Code : “ The consent to a contract must be freely, seriously, determined and clearly explained. If the declaration is incomprehensible, completely indeterminate or if the acceptance is made under conditions other than those under which the promise was made, no contract is created. Anyone who uses indistinct expressions or undertakes a sham act in order to gain another benefit gives satisfaction. "

The certainty also refers to the object ( thing or service ) not just the consent to a contract. The object or the service must be designated in such a way that the contract itself shows what the basis of the contract is; See also § 1054 ABGB on the specificity of the purchase object and § 1056 ff ABGB on the purchase price. The consent (declaration) in the contract must reveal the essential legal consequences that the declaring party wants to achieve. This applies in particular to the essential parts of the contract ( Essentialia negotii ), which cannot be replaced by general descriptions. See also § 936 ABGB for the preliminary contract.

Example: The promise to owe “seven small Persian carpets” is too vague because of the possible differences in quality in (Persian) carpets. In property law , certainty is also referred to as the “specialty principle”.

Foundation law

The principle of certainty with regard to foundations in Liechtenstein requires that the purpose of the foundation must be specified in the foundation deeds so that this can actually represent a commitment of the foundation bodies for their actions.

Inheritance law

In inheritance law, too, the true will of the testator ( testator ) must be determined (according to Section 565 ABGB): “ The will of the testator must be determined, not by simply affirming a proposal made to him; it must be explained in a state of complete prudence, with deliberation and seriousness, free from coercion, deceit, and essential error. "

Rental and lease agreements

Likewise, in the case of rent or lease, the remuneration ( inventory interest ) must be determinable (Section 1092 ABGB).

Employment Law

In labor law, too, which is based on civil law , the concept of certainty is to be applied to the employment relationship, although there is greater leeway here (Section 869 ABGB). In Liechtenstein originally this relevant § 1153 Civil Code was abolished and labor subsequently mainly from Switzerland rezipiert . The specificity of regulations in employment relationships results from § 869 ABGB . Whether and to what extent in Liechtenstein this greater flexibility in labor law, which in Austria under § 1153 second set by the repeal of § 1153 ABGB öABGB was even restricted there is so far unclear.

Individual evidence

↑ Heading to § 869 ABGB: " 2) True consent "
↑ The determinable purchase price is not an indefinite purchase price - hype on ABGB ³ , § 1054, margin no. 10. According to § 869, second sentence, an indefinite declaration does not create a contract.
↑ 4 Ob 116/01; 7 Ob 514/94; JBl 2002, 241; Österreichische Notariatszeitung (NZ) 1994, 231.
↑ Rummel commentary on ABGB ³ , § 869, margin no. 5. Therefore, the declaration need not cover all possible legal consequences.
↑ EvBl 1961/196.

[1] Heading to § 869 ABGB: " 2) True consent "

[2] The determinable purchase price is not an indefinite purchase price - hype on ABGB ³ , § 1054, margin no. 10. According to § 869, second sentence, an indefinite declaration does not create a contract.

[3] 4 Ob 116/01; 7 Ob 514/94; JBl 2002, 241; Österreichische Notariatszeitung (NZ) 1994, 231.

[4] Rummel commentary on ABGB ³ , § 869, margin no. 5. Therefore, the declaration need not cover all possible legal consequences.

[5] EvBl 1961/196.