general
January 29, 2011 | 25,00 EUR | answered by Bernhard Müller
My question relates to the debt relationships / the law of obligations.
In this context, both contractual and statutory obligations are to be explained.
Among other things, the following points should be addressed:
1. Types
2. Formation
3. Differences
4. Similarities
Dear inquirer,
A distinction is made between two-sided obligating and one-sided obligating legal relationships. An example of a two-sided obligating relationship is a sales contract. The seller obligates himself to transfer the sold item, while the buyer obligates himself to pay the purchase price. An example of a one-sided obligating relationship is that between an heir and an entitled to a compulsory share. The heir is obligated to pay money to the entitled to a compulsory share, while the entitled to a compulsory share has no obligation towards the heir. There are also legal relationships in favor of third parties.
Another method of distinction is between private law (examples: sales contract, lease agreement, contract for services) and public law legal relationships (examples: obligation to pay taxes and broadcasting fees).
Legal relationships arising from agreements are contracts. These arise from two matching declarations of intent (offer and acceptance). On the other hand, legal relationships arising from actions or events are determined by a certain act or event. The law then attaches a legal consequence to this event or act. For example, if A destroys B's house, according to § 823 of the German Civil Code, a legal relationship is established that obligates A to compensate B for the house. Another example is the parents of a minor child being obligated to provide maintenance for the child according to § 1601 of the German Civil Code, with the triggering event being the birth of the child. In legal relationships arising from agreements, the parties themselves determine the content of the legal relationship, while in legal relationships arising from the law, the content is imposed by the state.
All legal relationships involve a creditor and a debtor. The creditor can demand performance, while the debtor must provide it. In two-sided obligating legal relationships, the creditor of one performance is also the debtor of the counter-performance.
Best regards,
Bernhard Müller
Attorney at Law
