The principle of

Posted by ninjagrr
Dec 09 2009

The principle of abstraction A particularly important and distinctive element in recruitment the system of the BGB is the principle of abstraction (in German legal terminology Abstraktionsprinzip, although the word does not appear anywhere in the Act), which dominates all the code and it is vital to understand how the BGB is legal institutions, such as contracts. This principle, that property is expressed in the distinction between title and thus is followed by other codes civles of Roman inspiration, such as Spanish and Chilean. An example may clarify this: in the property system of the BGB, as in ancient Rome, not transferred by the contract of sale, as in most systems sigueron French Civil Code. ?CEO and Corporate Director Recruiter can define the exact right guy for the job By contrast, only the sales contract requires the seller to transfer the ownership of job search the buyer, while the latter undertakes to pay the sales jobs agreed price. The buyer does not acquire the property are immediately under the contract, the seller does not acquire the money.The paragraph 433 ( 433) of the BGB explicitly states the obligations of both parties. Then, the seller and the buyer have acquired rights (and action to be) reciprocal. The transfer of ownership is verified by other legal transaction, the tradition, which is regulated in paragraphs 929 and following. Thus, a simple sale of movable property that is paid immediately in cash to the Civil Code is a set of (at least) three different legal transactions: the sale contract itself will force the seller to transfer ownership recruiting to a buyer, it to pay the price, the tradition by which property is transferred to the buyer and for which the seller fulfills his obligation and the payment that transfers money from the buyer and seller whereby the buyer fulfills his obligation. This does not mean that contracts in Germany are more recruiter complicated for the people involved. The most mundane contracts are no different in their appearance, compared to other legal systems.Under the principle of abstraction the BGB has a simple answer: the sales contract requires the buyer to pay the price integer and requires the vendor recruiting to transfer the rights to the property after receiving the last installment of the price. Since the establishment of obligations and the actual transfer of ownership are in two different contracts easy to secure the interests of both parties. The seller retains ownership of the thing until it has fully paid the price and the buyer obtains possession of the thing purchased. If he fails to pay the price the seller may pursue the action just like any domain.

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