| （摘要内容经过系统自动伪原创处理以避免复制，德语论文题目，下载原文正常，内容请直接查看目录。） 2002年德国债法改造对故有的给付不克不及法停止的改革，获得了以下结果：给付不克不及加入了给付妨碍法焦点的汗青舞台、构建了新的给付不克不及类型系统、付与自始不克不及以合同效率、付与信任好处以新的内在。本文在引见德国债法改造获得的结果的基本上，就相干成绩睁开了评论辩论。起首，本文针对新旧给付不克不及类型的汗青更替停止了剖析。旧的给付不克不及类型重要存在着是客观不克不及和客不雅不克不及难以差别和自始不克不及使合同有效两方面的成绩。新给付不克不及不再辨别客观不克不及和客不雅不克不及，这就清除了实际界历久存在的对于辨别尺度的争辩；也不再辨别自始不克不及和嗣后不克不及，这就意味着合同效率不再会由于给付不克不及的类型分歧而存在差别了。新的给付不克不及分为天然或司法的不克不及、现实不克不及和具有高度人身属性债权的不克不及三品种型，其内涵较之旧的类型系统加倍普遍。其次本文评论辩论了德公法上给付不克不及和其他给付妨碍形状的关系。德国新给付妨碍法设置了一个焦点衔接依据一“违背责任”，一切的妨碍形状都在这个衔接依据的调剂之下各自觉挥各自的感化。“积极损害债务”在汗青上曾被称为“第三类给付妨碍”，是以在内在和内涵上与给付不克不及是泾渭清楚的。“生意业务基本损失”与“现实不克不及”有很年夜水平上的类似的地方，两者的差别重要在于比拟的对象分歧：“现实不克不及”比拟的是债权人的实行本钱和债务人的实行好处；“生意业务基本损失”比拟的则是债权人本身的实行本钱和实行好处。别的，“生意业务基本损失”相较于“现实不克不及”是一种帮助性的轨制。“缔约过掉”在很年夜水平上是难以与可以归责于债权人的“自始不克不及”相差别的，在新文本《德公民法典》上完整找不到两者的差别。固然，德语论文网站，缔约过掉的内涵远弘远于可以归责的“自始不克不及”。 Abstract: In 2002 German obligation law reform of some payment means less than stop the reform, the following results were obtained: payment means not adding the payment interfere with focus in the stage of history, to construct the new payment means less than type system, award from the beginning means less than to contract efficiency, entrusts with the trust benefits inherent in the new. This paper introduces in the transformation of the results of the German law of obligation basically, he opened his comment on the related problems. First of all, this article in view of the old and new cannot be less than the type of historical change to stop the analysis. The old supply cannot be an important existence is an objective means less than and the customer can not be difficult to make a difference and since the beginning of the contract can not be effective in two aspects of the results. New payment cannot no longer distinguish objective means less than and customer indecent means not and it cleared the actual world is long-standing of on the identification of scale arguments; will no longer distinguish from the beginning cannot and the subsequent means less, which means the contract efficiency will no longer be due to differences in the type of the payment does not grams less than the difference between the existence of the. The new payment means not natural or judicial means less than, reality means less and highly personal property claims cannot three types, the connotation that compared with the old type system double common. Second, this article reviews the debate on the German public law can not pay and other benefits to prevent the shape of the relationship. Germany's new payment method has set up a focus on convergence of the basis of a "breach of responsibility", all of the obstacles in the form of this convergence under the adjustment of their respective effects. "Positive damage debt" in history has been called "the three kinds of payment interfere", is to, in the connotation and the payment means and late is Jingwei clear. "Business basic loss" and "reality" has a very large level of similar places, the difference between the two important lies in the comparison of the differences: "the reality means less than" is the implementation of the debtor and the debtor's benefits; "business basic loss" is the implementation of the creditors and the benefits. In addition, the basic loss of business operations compared to the reality can not be a help system. "Contracting out" at a very large level is difficult and can be attributed to the creditors of the "no less than", in the new text, "German Civil Code" on the whole can not find the difference between the two. Of course, the connotation of contracting off the far outweigh the responsibility "from the beginning can not". 目录: |
