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Der Gesetzliche Vertragseintritt
Paperback
Series: Schriften Zum Burgerlichen Recht, Book 504
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ISBN13: 9783428158645
Publisher: Duncker & Humblot
Published: Mar 11 2020
Pages: 204
Language: German
This thesis contributes to building a general structure of the so-called propertization of obligatory rights , or more precisely, the statutory substitution of a contract party . The article rejects the traditional viewpoint namely dichotomy between in personam rights and in rem rights . With the new perspective of the fundamental rights, the statutory substitution of a contract party can be seen as a restriction on the constitutional right private autonomy , which shall be guaranteed. Therefore, the model regarding the restriction on the fundamental rights provides exactly the normal framework for the concerned rules.
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