Recht der Schuldverhältnisse

This revised commentary on §§ 241, 241a, and 242 of the German Civil Code considers recent legal changes while analyzing new rulings and literature, with an emphasis on § 242. Taking a comparative perspective, it devotes special attention to the effects of the 2016 reform of French contract law on the notion of good faith.

This volume comments on the currency provisions and the “law of money” contained in the general part of the law of obligations in the German Civil Law Code. In addition to considering the drastic changes that came about with the legal introduction of the Euro, all relevant aspects of currency and monetary law are systematically and elaborately explained, including the implementation of the pertinent European directives.

Durch blockchain-basierten Zahlungsverkehr mit Kryptowährungen (Bitcoin) oder „Spaßwährungen" (wie Dogecoin) entstehen völlig neue geldrechtliche Fragestellungen mit hoher wirtschaftlicher Bedeutung. Die Neubearbeitung 2021 des „Geldrechts" erläutert lösungsorientiert diese und weitere relevante Fragen, wie z.B. digitales Zentralbankgeld/CBDC/digitaler Euro, Negativzinsen oder auch die Lückenfüllung bei unwirksamen Zinsanpassungsklauseln.

The revised edition presents the current state of German tort law with a focus on the relationship between fictitious calculation and damages determined on a cost basis, the requirements for injured parties to comply with the efficiency rule, and the obligations in accordance with § 254, para. 2 (especially regarding medical malpractice and the Europeanization of tort law).

Developments show that the law of damages is gaining in practical significance in an increasingly technologized and globalized world. Worth mentioning are factors such as industrialization, the misuse of data, electronic malfunctions, computer viruses, all of which can lead to considerable damages. The new edition of this practically relevant volume on the law of damages critically addresses these issues.

The new edition undertakes a critical examination of case law and literature related to the law of defective performance, including impossibility of performance, debtor and creditor delay, fault, compensation for loss of use, and reimbursement of expenses. It fully considers the impact of European law, such as the EC Default Directive, and thoroughly discusses issues related to the place and time of performance (due date).

This newly revised commentary examines the critical treatment of case law and legal literature on defective performance: impossibility of performance, debtor and creditor defaults, fault, liability for damage from downtime, and reimbursement of expenses. In addition to providing the first commentary on the newly enacted articles §§ 270a and 271a of the German Civil Code, this volume discusses issues relating to place of performance and maturity.

This revised edition of the Law on General Terms and Conditions faithfully reflects the wave of judicial decisions and accompanying jurisprudential discussion taking place in this area. In the Commentary on § 305 of the BGB (German Civil Code), the differentiation between AGB (general terms and conditions) and individual agreements has been significantly expanded in the light of the most recent debates. Greater attention is also given to the admissibility of supplementary contractual interpretation in § 306. The revised edition spotlights the connections and interactions between legal decisions in specific cases and the comprehensive principles of the Law on General Terms and Conditions within the scope of the General Clause under § 307 of the BGB, including practice-relevant issues pertaining to energy supply contracts and collateral price agreements by banks. Interconnections between international and procedural issues are made clear for managing contractual clauses dealing with place of jurisdiction and choice of legal venue. The commentary on the catalogue of clauses in §§ 308 and 309 of the BGB reflects the extensive casuistry that has developed in recent years, particularly against the background of the new Law of Obligations. An entirely separate section is now devoted to questions pertaining to the review of terms and conditions under labor law.

The commentary on the Law of Terms and Conditions has been reconceived: This first volume presents the provisions in the German Civil Code and the Unfair Terms and Conditions Law with an analysis of the flood of related case law. It explains in detail the review of legal language in B2B transactions. The commentary links theoretical underpinnings with current debates about the scope of legal language review in corporate business transactions.

Volume 2 explains the structure of terms and conditions for major types of contracts, in labor law, in international business transactions, and process-related and international contracts and terms. This includes contracts for the sale and construction of real estate, supply contracts, contracts with banks and savings banks, sales contracts, IT contracts, and the specific terms and conditions for other types of contracts with practical relevance.

"AGB Law 1" (2022) addresses the discussions sparked by the EU Court of Justice’s "Dziubak" decision about the conformity of §306, par. 2 with the directive, in particular the permissibility of filling gaps with additional contract interpretations. It also includes § 308, no. 9, added due to the German Act on Fair Consumer Contracts; the new platform to business and geoblocking regulation; and the systematic evaluation of dynamic court decisions.

"AGB Law 2" (2022) addresses current developments in AGB design and the testing of important contract types. For example, in banking law: the first Higher Regional Court (OLG) decision on "break-up fees"; and the German Federal Court’s (BGH) general overturning of the reallocation of the additional expense associated with keeping basic accounts to the account holder alone, and of fiction of consent clauses in AGB banks and savings banks.

The revised edition 2011 examines provisions 311b and 311c, which are of significant relevance to practitioners of inheritance law, in a scientific and
practice-oriented manner by means of example cases and suggested solutions, including:

• contracts on current and future assets
• form requirements for combination contracts with
  case-oriented explanations regarding form errors
  and possible remediesmanner by means of example cases and suggested solutions.

This volume contains commentaries on the contract principle (§ 311 para. 1), on liability regarding the infringement of obligations on the conclusion of contracts (§ 311 paras. 2 and 3), and on initial impossibility (§ 311a). Provisions of particular importance to inheritance law practitioners, §§ 311b and 311c, are covered extensively in both theoretical and practical applications, complete with case studies and proposed solutions.

The new edition of §§ 311, 311a-c, addresses developments in areas such as prospectus liability (e.g., management company liability, duty to inform in bank transactions). New questions about culpa in contrahendo claims are being raised in cases where (often drawn out) contractual negotiations are terminated due to the Corona virus. The volumea updates the permissible content and form requirements of contracts for properties, assets, and estates.

This volume contains clarifications about the principle of contracts (§ 311, para. 1 of the German Civil Code) and concludes its presentation of the law of defective performance with commentary about obligations that arise prior to the conclusion of a contract (§ 311, para. 2 and 3) and initial impossibility (§ 311a).

The commentaries on provisions of the German Civil Code (BGB) regarding distance contracts (§§ 312-312f) are rich in detail, firmly grounded in legal dogmatics, and presented with a practical orientation. The Internet has continued to develop as a key channel for retail sales. As a result, the provisions regarding distance contracts and e-commerce contracts have steadily become more significant. As the first major commentary, the Staudinger provides expert and exhaustive discussion of the changes to §§ 312b to d that came into effect at the end of 2004.

This detailed, practical, and legal dogmatics-based commentary analyzes the provisions of the German Civil Code regarding the principles of consumer contract law and the particular distribution types of electronic commerce. The consumer protection instruments of distance selling law address financial services, company reporting requirements, and the right of revocation.

This revised edition thoroughly and critically examines recent high court rulings and the literature. It places specific emphasis on advance performance obligations, the determination of creditor responsibility, requirements for rescission, and the relationship of the consequences of rescission to compensation. The commentary also includes the development of controls on energy prices and arbitration awards.

The revised 2020 edition offers detailed commentary on current developments in the law of irregularity in performance related to §§ 315–326, including the reciprocity in contractual practice of specific contract types, the requirement for advance performance, the determination of creditor responsibility, the prerequisites for rescission, and the relationship between the consequences of rescission and compensation for damages.

The BGB update with §§ 327-327u, which took effect on January 1, 2022, establishes new regulations for digital content and digital services contracts, and in sales law by fundamentally revising the concept of material defect. This "digital content contract" contains a mixture of elements from sales, rental, and services contracts. Anticipating the special commentaries, this volume provides a completely up-to-date overview of these regulations.

In this new edition, a focus is placed on the doctrinal classification of decisions regarding contracts for the benefit of third parties. The review of decisions incorporated into § 328 BGB helps elucidate the difference from contracts with a protective effect on third parties, and provides an overview of classification based on case law. Also included: a systematic commentary on current developments in case law regarding contractual penalties.

This commentary on contractual penalties unites developments in competition law, commercial tenancy law, and labor court rulings in order to provide a systematic overview of relevant legal issues. In the commentary on § 328, applicatory cases are categorized as “contracts to the benefit of third parties” or as “contracts with protective effect for the benefit of third parties.“

Die §§ 346-354 behandeln den Rücktritt vom Vertrag. Die Neubearbeitung kommentiert fundiert die Voraussetzungen und Folgen des Rücktritts, insbesondere auch des Nutzungsersatzes und beleuchtet schwierige Einzelfragen umfassend wie etwa die Kombination von Rücktritt und Schadensersatz. Auch die Neuerungen durch das Gesetz zur Regelung des Verkaufs von Sachen mit digitalen Inhalten und anderen Aspekten des Kaufvertrags mit Wirkung für Verträge ab dem 1. 1. 2022 sind übersichtlich aufgearbeitet.

The regulations regarding the right of withdrawal (sections 346-354) and the right of revocation and return (sections 355 - 359) as they apply to consumer contracts, which were fundamentally altered by the reform of the law of obligations and have gained in practical importance, have comprehensively been brought up to date. Discussions on current developments, such as the dispute surrounding the right of return for Internet purchases, are well substantiated and concrete solutions are developed and suggested.

The law for implementing the Consumer Rights Directive has resulted in a complete restructuring and reform of regulations governing the cancellation of consumer contracts. The commentaries on these provisions include stand-alone solutions grounded in legal doctrine for difficult questions related to the legal consequences of cancellation rights, previously scattered throughout the German Civil Code (BGB) and now regulated in §§ 357a–357c.

The new 2021 edition of volume §§358–360 addresses current, highly contentious legal issues, including withdrawals from motor vehicle loans in connection with the diesel scandal. Here, the stance taken by the Oberlandesgericht Frankfurt, which sets aside the objective value in compensation, has become a battleground for innumerable motor vehicle loan cases.

The 2016 revision of §§ 362–396 was directed especially at developments in European law, such as European Contract Law. In addition, the commentary includes detailed explanations of current developments regarding cashless payment transactions, especially with respect to SEPA procedures and the recently increased use of mobile payments.

By critically examining current relevant rulings, the new 2021 edition provides readers with the most intensive explanation of specific problems (including mobile payment) by taking a new, distinct approach to solving the problems of §§ 362–396. This commentary contains the most comprehensive compilation of evidence from both rulings and the literature for more in-depth research.

This newly revised legal commentary on sections 397 to 432 of the German Civil Code (BGB) analyses recent developments in the adjudication of debt forgiveness, assignment, assignment for security, extended retention of title, assumption of debt, and cases in which there is a plurality of debtors or creditors. Rigorously argued yet solution oriented, the commentary focuses with regard to last issue on the doctrinal foundations of joint and several liability and its relationship to the settlement of various claims that involve a plurality of debtors. The volume also provides a detailed overview of how debtor and creditor pluralities are handled by legal systems outside Germany.

This revised edition discusses current legal developments with a view to the forgiveness, assignment, and assumption of debts; the extended retention of title; the assignment of securities; as well as contacts with more than one obligor and obligee. Further considerations related to contract design, including associated procedural consequences, have been added. The commentary also offers a comparative view of private law in Europe.

This volume examines legal issues associated with §§ 397–432, e.g., with the BGH’s decision on joint debt, which it derives neither from absolute liability nor from the surety agreement with the bank when the details of an accident are not resolved between the liability insurer and the opposing vehicle owner, which should be viewed critically. It takes into account aspects of contract design and procedural intersections at the appropriate places.

The new edition takes into account the digital content guidelines and purchase of goods guidelines that took effect on January 1, 2022. The commentary reveals the cross-references to §§ 327 ff as well as §§ 475a ff, which entail considerable modifications to warranty law. Sales law has also been a component of many important supreme court decisions – e.g., in the context of the VW diesel scandal – which have been incorporated into the commentary.

The new 2023 edition focuses on the latest legislative changes. It presents the adaptations that have been made in the law of consumer goods, as well as the relationship between those provisions and the new §§ 327 ff BGB. The stipulations on EU law have been integrated into the commentary on §§ 481 ff. The volume places special emphasis on developments taking place in the market of time-sharing products, such as "managed co-ownership."

This new edition includes detailed discussion of the case law as developed in recent years by Federal Supreme Court decisions and related discussions in the academic literature. The focus of the new edition includes more extensive consideration of tax law implications, control of general terms and conditions, consumer protection, the status of the law on defectiveness and in cases of loss, and destruction of the leased asset.

The new 2023 edition of leasing law informs readers of current developments in the jurisprudence and literature relating to leasing, including car leasing. Recently, German courts have initiated preliminary proceedings at the CJEU on issues such as the guidelines that leasing contracts for vehicles with mileage statements are subject to and the question of whether leasing contracts with mileage statements fall within the category of rental cars.

The 2015 revision of §§ 488–490; 607–609 fully updates the specialized knowledge required for banking law practice. A particular focus is commentary on those credit transactions with a lending character as they occur in banking practice.

This volume contains a comprehensive presentation of legal provisions for consumer loan agreements and equivalent forms of credit following the implementation of the Consumer Credit Directive 2008/48/EC, effective on 11 June 2010, and taking into account the Act for the Introduction of a Uniform Template for Revocation Information of 24 July 2010. In addition to highlighting the changes that have occurred in comparison to previous laws, the book incorporates German Federal Supreme Court rulings that have been issued since the publication of the 2004 edition.

The law of donations is closely related to different areas of law, from the General Part of the German Civil Code to company law and tax law. This new edition systematically answers concrete questions, e.g., about indirect donations and their consequences in tax assessments or about the ceding of personal data as a donation as set out in §§ 516 ff.

This 2014 revised edition comments on all legal provisions introduced to the German Civil Code or modified by the 2013 Rental Law Amendment Act, including eased eviction enforcement and contract termination in the event of tenant insolvency. In addition, the seemingly endless list of controversies in rental law – such as termination for delayed payment – are illuminated in detail with complete supporting references.

Die Neubearbeitung wertet die gesamte praxisrelevante Rechtsprechung mit Schwerpunkt auf der Rechtsprechung des BGH und Literatur aus und behandelt ausführlich und lösungsorientiert alle aktuell diskutierten Fragen, insbesondere zum Wohnraummietrecht einschließlich etwa der Mietpreisbremse.

The new 2021 edition of the §§ 535-556g commentary focuses on the impact of the Corona crisis, the "Mietpreisbremse" rent cap, and landlords’ options for increasing rents according to the new § 554 of the German Civil Code, construction measures carried out by tenants to improve accessibility, e-mobility, the current state of anti-burglary protection, modernization measures and the law of operating and utility costs.

The revised 2014 edition of §§ 556–561 is a complete guide to practical questions about rental rates and operating costs. It addresses a wide range of issues, from the billing of additional operating costs to renters, raising the rent after modernization projects, and new regulations concerning the financing of energy systems that differ from previous case law, thus complicating the law’s practical application.

Die Neubearbeitung analysiert die aktuelle höchst- und instanzgerichtliche Rechtsprechung und entwickelt, soweit erforderlich, eigenständige Lösungen. Schwerpunkte bei den kündigungsrechtlichen Vorschriften 　bilden u.a. die Kündigung wegen Eigenbedarfs, die Anbietpflicht des Vermieters sowie das Vorkaufsrecht des Mieters bei der Umwandlung in Eigentumswohnungen. Die Änderungen durch das Gesetz zur Bereinigung des Rechts der Lebenspartner sind ebenfalls berücksichtigt.

The revised Staudinger commentary on §§ 557-580 explains current developments in the fields of rent prices and the termination of rental contracts, including the many issues relating to protection against termination.

This 2014 revised edition comments on all legal provisions introduced to the German Civil Code or modified by the 2013 Rental Law Amendment Act, including the termination of contracts with partnerships, the contractual exclusion of a right to terminate, and expanded protections against intended alternate use. In addition, the seemingly endless list of controversies in rental law are illuminated in detail with complete supporting references.

Alongside an evaluation of judicial decisions and scholarship in the fields of lease and loan contract law, the new 2024 edition of §§ 581–606 of the German Civil Code presents current legal developments, for instance, regarding the influence of the Corona pandemic on commercial leases. It discusses the application of tenancy law to a range of lease objects and its interplay with other areas of law.

The Mietrechtsnovellierungsgesetz 2015 (New German Residential Tenancy Law) that came into effect on 1 June 2015 broke new legal ground. This publication specifically addresses difficult issues arising from the new law, such as the method for determining the highest permissible rent, the process for establishing state regulations on rent control, and the legal consequences of violating the legally established price regulations.

This volume provides a comprehensive presentation of tenancy, leasing, and loans. The law governing leasing is presented in relation to extremely varied areas of life - ranging from milk quota leases to bandwidth leasing - as well as other areas of law. In addition to discussing the characteristics of leasing contracts, the volume explores the options and limitations of specific types of contracts under leasing law. Updated agricultural leasing laws now place special emphasis on the consequences arising from the "legal capacity" of the GbR, or civil-law partnership, which has gained importance in recent years as a legal form for agricultural cooperatives. Another major focus is the voluminous body of newer case law and literature related to the management of government subsidies upon termination of leasing contracts.

The revised edition includes a legally rigorous and solution-oriented commentary on recent developments in case law, such as decisions on the “legal capacity” of the civil-law partnership, which has become increasingly important in the form of agricultural cooperatives. The rental market has been under pressure for years, with virtually limitless rent increases. The new edition offers detailed answers to current questions.

The new edition provides a comprehensive presentation of the latest status of service contract law, with analyses of the current literature and case law. In addition to explanations of the new minimum wage law, it also includes commentaries on the Home Care Leave Act and family leave. Moreover, there are detailed commentaries on new aspects of the law regarding paid leave and the differentiation between temporary employment and work contracts.

The 2020 revised edition implements a double-track commentary concept for §§ 611 et. seq., which distinguishes between the German Federal Code service contract and employment contract and indicates areas of overlap. Current developments in labor law are explained in the new § 611a. The commentary on § 611 includes the delimitation of the service contract from other contractual types and constitutional questions regarding the service contract.

The commentary on § 611 has been expanded with further practice-relevant service contracts. In employment law, the Corona pandemic but above all digital technology have given rise to new work models and therefore new legal issues that are addressed in this new edition, e.g., the criteria for classifying "crowdworkers" as employees in the German Federal Employment Court’s (BAG) recent crowdworker decision pursuant to § 611a BGB.

Die Neubearbeitung der §§ 613a-619a geht fundiert auf die aktuellen Entwicklungen auf dem Gebiet des Betriebsübergangs sowie des Vergütungsanspruchs und der Vergütungsfortzahlung, die bürgerlich-rechtliche Grundnorm des Arbeitsschutzrechts sowie der Beweislast bei Haftung des Arbeitnehmers ein. Die Rechtsprechung des EuGH und des BAG hat hinsichtlich der Betriebsübergänge eine grundlegende Neuausrichtung erfahren, die für die Praxis wesentliche Änderungen bringt und in der vorliegenden Neubearbeitung fundiert analysiert wird. Bei § 614 ist der Teil zu den selbständigen Dienstverträgen deutlich ausgebaut, bei § 615 sind die Auswirkungen des Tarifeinheitsgesetzes erläutert. § 619a wurde grundlegend überarbeitet.

The new 2022 edition addresses current developments in the transfer of business, e.g., to the difficult notification requirements for employers. Moreover, the commentary addresses the current change in the direction being taken in German Federal Employment Court decisions, as well as the many new questions being raised by Corona on the payment of remuneration and the secure application of the provisions of employment protection law.

The new edition’s updated commentary on business transfers contains far-sighted solutions to one of the most difficult labor law standards in the German Civil Code. It provides in-depth analysis of current case law from the European Court of Justice and the Federal Labor Court. It also offers solution-orientated explanations of the provider’s duty to undertake protective measures for employees up to and including culpa in contrahendo liability.

This commentary systematically explains termination of the service contract under consideration of recent case law on fixed-term contracts and extraordinary termination. It also thoroughly analyzes important publications relevant to this area. Not least, the Commentary considers developments in European law.

Under consideration of current case law, the literature, and European legal developments on extraordinary termination and on limited term employment law, this revised commentary on §§ 620–630 German Civil Code explains the termination of service relationships. It includes coverage of the issue, recently adjudicated by the EU Court of Justice, concerning which criteria the state courts may employ to evaluate the obligation for loyal behavior.

This systematic 2022 commentary on the termination of service and employment relationships takes an academically founded but also practical approach to addresses relevant new developments. For example, as the result of two EU Court of Justice decisions, the German Federal Employment Court (BAG) will have to pay more attention to the share of temporary employment contracts in the professional sector in question within the scope of its abuse test.

§§ 630a-h of the 2013 Patient Rights Act introduced legal regulation of the “treatment contract” for the first time. Though the standards were essentially only intended to codify pre-existing case law, the wording of the act alters former legal doctrine on some important points. This book offers a comprehensive, systematic, and practice-oriented commentary on this field of law, including constitutional and interdisciplinary issues.

This revised edition of Work and Services Contract Law (Werkvertragsrecht) is being published five years after the German Act to Secure Contractor Claims and Improve the Enforcement of Payment Claims (Forderungssicherungsgesetz) came into effect. Although the previous edition already took this amending law into consideration, the commentary has now been completely reworked with attention to decisions in case law and contributions to the literature that have taken place in the interim. Not only does the text offer a comprehensive analysis of relevant decisions by the German Supreme Court, but it also evaluates their implications for compelling problems that arise in legal practice. The book consistently inquires into the Supreme Court’s underlying dogmatic concepts and offers a range of alternative perspectives, while never forgetting the need for practical solutions relevant to actual practice. Some of the commentary is specifically directed to practitioners of construction law, meeting their particular needs by continuously interweaving the examination of the work and services contract law with consideration of construction tendering and contract regulations. In addition, the needs of practitioners are taken into account by providing separate appendices that deal with especially critical issues as they occur in practice, such as the impact of insolvency law on building contracts and construction law.

This commentary on work contract law is the first to address §§ 650a-v of the German Civil Code, with an emphasis on building, architectural, engineering, and property developer contracts. The volume provides in-depth analysis of new legal issues in contract law along with proposed solutions. Moreover, it examines the relevant rulings from the Federal Court of Justice and draws conclusions for urgent problems in practice.

The new 2023 edition addresses the profound changes that the law of contracts to produce works has undergone since the new Building Contract Act was introduced in 2018. It affects new regulations on the customer's rights to issue instructions and their consequences. It is accompanied by a more recent decision made by the German Federal Court of Justice, which raises important questions about their legal evaluation and implementation in practice.

This revised edition of commentary on §§ 651 a-m and the BGB-Info-VO covers the new consumer-friendly German Supreme Court ruling on binding travel operators to provisional flight times. Also included are recent developments in Brussels, such as the reform of the decades-old package tours directive, including new regulations on module-based booking via Internet and the controversial changes made to the EC flight passengers ordinance.

This new edition offers a highly topical discussion of the package tour directive as revised by supranational legislators in 1990. The directive is to be used by member states when it comes into force on 1 July 2018. The commentary answers all currently relevant questions on the supranational regulations, which require adaptation of package tour law to developments in the travel market.

A highly topical commentary: by passing the German Act on the Distribution of Brokerage Fees in the Intermediation of Purchase Agreements for Apartments and Detached Houses, which took effect on December 23, 2020, the legislature has made considerable changes to brokerage law.This revised edition contains a commentary on the new regulations for brokerage fees and also addresses the numerous new supreme court rulings on brokerage law.

This revised edition includes a full update on the current status of brokerage contract law. It presents the practical implications of important recent developments in areas such as the effective date of brokerage contracts and liability for bad advice. The commentary on §§ 655a-e regarding the brokering of mortgage contracts has been updated. A new section covers the revision of §§ 657-661a on broker commissions.

This revised version sheds light on the current state of German brokerage law, explaining details surrounding the signing of brokerage contracts, liability for incorrect advice, the mortgage brokerage contract, and the offer of a mortgage loan.

The provision and management of affairs takes center stage of this volume as well as the right of non-contracted management. The annotations of this classic and historic core area of civil law are flanked by the explanations of the public offer of a reward including the competition and the profit assurances as well as custodianship and landlord liability. This is by no means only about reconditioning and orienting the extensive administration of justice and literature, which have grown since the publication of the 1995 pre-edit. On the contrary, in the agency agreement law, arranged through European legal guidelines, numerous new regulations to the law of the - previously unknown - remittance agreement and the payment agreement as well as the giro agreement were inserted, which is first explained in a great commentary. This new Staudinger volume also requires, with this, the attention of special practiced lawyers legally interested in banks. The volume includes independent solution suggestions with detailed arguments effectively through its analytical penetration of subject matter and its systematic material processing as well as through the efforts of the authors in the Staudinger tradition.

This volume provides detailed coverage of German law on mandate and contracts for the management of the affairs of another. It considers the full scope of recent jurisprudence and the literature. This edition has been updated in various areas, including with a view to attorney, tax consultant, and investment advisory contracts; the Federal Supreme Court’s "kick-back" judicature; and the implications of the Rome I Regulation.

This volume contains a complete discussion of German regulations pertaining to consumer loan agreements and comparable forms of credit in the wake of the integration of the Consumer Credit Act into the German Civil Code. Following a discussion of the changes that have resulted in relation to older versions of the law, the volume discusses the German Supreme Court decisions that have been handed down since the publication of the volume’s 13th revised edition in 2001. Without prejudice to the extensive legal scholarship that has been undertaken in this area of the law, the volume aims in particular to serve as a practical guide to legal issues.

Die zum 13.1.2018 in Kraft tretenden Neufassung der BGB-Bestimmungen zum Zahlungsdienstrecht wird erstmalig im Staudinger kommentiert. Die neuen Regeln gelten primär für Dienstleister des Zahlungsverkehrs, darüber hinaus aber auch für Anbieter von Waren- oder Dienstleistungen, die parallel dazu eine entsprechende Zahlungsabwicklung organisieren, wie etwa eine Online-Handelsplattform. Durch die Neuregelung wurden der Anwendungsbereich des Gesetzes erweitert sowie Ausnahmetatbestände eingeschränkt. Daraus ergeben sich neue Anforderungen und Rechtsfragen, die kompetent und lösungsorientiert kommentiert werden.

This volume examines the concept of negotiorum gestio (viz. agency on behalf of a principle, without the latter’s consent). The commentary includes discussion of custodianship and innkeeper’s liability, with specific consideration of international tourism. A classic volume in the Staudinger tradition: analytic incisiveness and systematic coverage of the material are enriched with problem-solving suggestions from the authors.

The 2020 revision of this commentary on §§ 677–704 takes into account current developments in case law as well as the latest opinions in the literature. In addition, it suggests approaches for solving unresolved questions.

This new edition offers a comprehensive discussion of the practice-relevant law on fractional ownership. With respect to annuities, it includes a critical discussion of Stammrechtstheorie, and presents practical implications of the 2008 Annual Tax Act. On gambling and wagering, the commentary considers European and constitutional aspects of this dynamic legal field as well as the effects on the AGB (General Business Conditions Law).

The volume describes the law of guarantee in detail, dogmatically accurate and realistically. With this alongside the individual regulations of §§ 765-778, basic concept, function and types of guarantee, protection of guarantors, guarantees in the state conditions, securities through guarantors, the meaning under company law, questions on procedural law, the meaning in insolvency and composition proceedings, the guarantee agreement, export guaranty insurance and related agreements are also described.

Die Neubearbeitung 2020 der §§ 765-778 bringt die bewährte Kommentierung des Bürgschaftsrechts auf den neuesten Stand der umfangreichen Rechtsprechung und Literatur. Die praxisrelevanten Fragen zur Bürgschaft werden unter Berücksichtigung der aktuellen Rechtsprechung erörtert. Auch das Zusammenspiel des Bürgschaftsrechts mit anderen Rechtsgebieten wird lösungsorientiert dargestellt.

The new edition thoroughly covers current practical issues related to settlement contracts (§ 779). It uses a problem-solving approach to the sometimes complicated questions that arise in granting unconditional promises of payment (§§ 780–782), such as with indemnity through a mortgage lien and bank processing of payment transactions. It also includes a critical analysis of the often liberal interpretive practices applied in court decisions.

This commentary on § 779 sheds light on the multifaceted aspects of dispute resolution by settlement. With a view to §§ 780–782, it addresses the manifold problems related to different forms of debt acknowledgement.

This commentary on §§ 783–811 has been completely reworked. In its treatment of §§ 793 ff. of the German Civil Code, it provides an in-depth explanation of the capital market securities dominant in today's practice and develops independent solutions. It also includes the new provisions on the current German Act on Electronic Securities (eWpG).

The law of unjust enrichment is of central importance for all areas of civil law - and beyond, if we consider the repercussions on reimbursement claims under public law. Complex issues such as intricate triangular transactions as well as the uncertain content of a claim of unjustified enrichment are systematically and clearly explained. Where appropriate, the author develops new and balanced solutions. New rulings and important publications are extensively analysed in the relevant context.

This revised edition includes detailed consideration of legal developments in recent years related to damages for tortious liability under § 823 of the German Civil Code. Recent case law and literature have been incorporated into the commentary.

The law of torts is one of the most important areas of civil law in practice for lawyers, judges and insurance companies. The new edition for 2009 combines academic principles with a clear suitability for real-life practice, in a manner so typical of Staudinger. It brings the respected commentary up to date, including the newly drafted provision of Section 825 through the second law for the revision of damage law regulations. The areas of medical and genetic engineering liability are becoming increasingly important and receive corresponding attention in the commentary.

Die ungemein detailreiche Neubearbeitung (2021) beantwortet umfassend und auf aktuellem Stand der Rechtsprechung alle relevanten Fragen zu den Verkehrspflichten, zur deliktischen Produkthaftung, zur Verletzung von Schutzgesetzen gem. § 823 Abs 2 und zum Arzthaftungsrecht. Zum Arzthaftungsrecht werden die Fehlertypen unter Berücksichtigung der durch die BGH-Rechtsprechung stark präzisierten Abgrenzung zwischen Diagnosefehlern, Sicherungsaufklärung und Befunderhebungsfehlern detailliert erläutert. Bei den Verkehrspflichten werden die schwierig zu beurteilenden Grenzen der Verkehrspflichten und dabei die diffizile Abgrenzung zwischen zurechenbarem Unrecht und Unglück ausführlich, lösungsorientiert und verständlich dargestellt..

Die Neubearbeitung trägt der großen Bedeutung des § 826 BGB im Gesellschafts- und Kapitalmarktrecht durch die Neugestaltung des kapitalmarktrechtlichen Teils und die umfangreiche Einarbeitung neuer Schwerpunkte wie der Teilnehmerhaftung von Banken, Brokern usw. Rechnung. Infolge seiner Reform ist aber auch der praktische Anwendungsbereich des Produkthaftungsgesetzes erheblich gewachsen und macht eine Neubearbeitung erforderlich.

This new edition offers particular insight on the significance of § 826 German Civil Code on commercial law. Discussion of the new methods for demonstrating willful intent developed by the Federal Supreme Court, issues of attribution of knowledge and concretization of ethical violation have been revised. The commentary on the product liability law includes new points of reference for liability for 3-D printing and for the Internet of things.

Die aktuelle Kommentierung des § 826 BGB umfasst die erste geschlossene wissenschaftliche Darstellung der Anwendung des § 826 BGB im sog „Abgasskandal". Die Rechtsprechung des Bundesgerichtshofs, aber vor allem auch die der Oberlandesgerichte, die für die vorliegende Darstellung umfassend ausgewertet wurde, verwandelte § 826 BGB innerhalb kürzester Zeit in ein eigenständiges Institut der vertraglichen Rückabwicklung, das selbstständig neben die §§ 346 ff. BGB und die §§ 812 ff. BGB tritt. Die Kommentierung erfasst aus kritischer Sicht alle Einzelheiten dieser Rechtsprechung bis hin zu den Details des haftungsausfüllenden Schadens (Vorteilsausgleichung, Zinshaftung, Annahmeverzug, haftungsbeendende Verhaltensänderung, Ersatz des positiven Interesses usw) und der Beziehung des §　826 BGB zu anderen Normen (§§ 31, 848, 852 BGB, RVG usw.). Ein Schwerpunkt der Kommentierung des Produkthaftungsgesetzes stellt die Haftungsverantwortung bei der Implementierung neuer Technologien dar. Eingearbeitet wurde der Diskussionsstand zur Haftung für autonome Systeme im Straßenverkehr und zur Führung des Entlastungsbeweises mit Hilfe der Blockchain-Technologie. Auch sonstige Haftungsfragen der Implementierung Künstlicher Intelligenz bzw der Einrichtung eines Internets der Dinge werden praxisbezogen und im Detail dargestellt.

This new Staudinger volume, "Torts, Volume 3," includes a comprehensive presentation of the significant attribution standards in tort law under § 830 (accessories and involved parties) and § 831 (liability for vicarious agents) of the German Civil Code. All of the important issues related to liability law are presented at the highest level of academic analysis, with a constant eye to practical relevance and under consideration of the latest literature and case law.

As part of the commentary on § 832 of the German Civil Code, the discussion concerning liability for violations of supervisory duties has been expanded, especially with respect to public institutions.
In the area of animal owners liability (§ 833 BGB), the commentary includes a consideration of newer animal uses, especially in the context of health care (e.g. horseback riding therapy). In this regard, it specifically discusses the liability privileges accorded to livestock owners under § 883, clause 2.

The commentaries regarding § 835 constitute the most comprehensive treatment on compensation for damages related to wildlife and hunting in Germany. The updated commentary on § 836 features new discussions about liability for homeowners associations. The commentaries have been thoroughly revised throughout the volume to incorporate new case law and literature.

The new edition features a comprehensive review of current case law while focusing on recent developments in the field of supervisory liability, particularly with regard to internet use.

The new 2022 edition contains an overview of decisions pertaining to § 830 including, e.g., a decision on whether the members of a vehicle manufacturer’s development department are its vicarious agents (diesel emissions scandal). It also focuses on current developments in parents’ obligation to prevent their children from breaching copyright online.

Die aktuelle Neubearbeitung 2020 der §§ 839, 839a berücksichtigt die aktuelle Rechtsprechungsentwicklung und setzt sich mit den jüngsten Meinungen im Schrifttum auseinander. Zugleich werden eigene Lösungsansätze für noch ungeklärte Fragen beantwortet.

The revised edition takes into consideration developments over the last five years, particularly concerning judgments made following the transition from §§ 636 ff. RVO to §§ 104 ff. SGB VII. These judgments have led, among other things, to a refinement of resolution methods used in the case of “incomplete joint and several liability” (gestörte Gesamtschuld). Furthermore, current case law has been integrated into the commentary regarding §§ 844 ff. BGB.

The new edition takes into account the legal developments that have taken place in the law of torts in §§ 840–853 in recent years. It is the first to provide commentary on §844 para. 3 BGB, which regulates payments for surviving dependents. The revision of § 852 provides an extensive discussion of the "diesel cases."

The changes made to the German Civil Code in 2006 consolidated civil and labor anti-discrimination legislation into one law. This rigorous and up-to-date commentary covers both labor and civil aspects of the General Equal Treatment Act. It strongly emphasizes legal doctrine and its place in German civil law without losing sight of the impacts on employment law.

The 2020 revised edition of this commentary on the AGG takes into account current developments in case law and the latest opinions in the literature. At the same time, it provides answers to questions that have not yet been clarified.

The new edition brings its commentary on environmental liability law up to date, covering general liability claims including tort, strict, and "sacrifice" liability (Aufopferungshaftung). Particular attention is paid to claims arising from the German Civil Code, Environmental Liability Act, Atomic Energy Act, Federal Mining Act, Federal Immission Control Act, Genetic Engineering Act, Liability Act, and Water Resources Act.

The focus on user needs and the depth of scholarship in this commentary make it the ideal resource for all tenancy law inquiries, both in academia and practice. Focuses of the new 2024 edition: consequences of "grace period payments," tenants’ claim to damages for unjustified termination (consequential damages of termination), and the latest law changes, for example, a new commentary on § 578b BGB (digital products) and the German Heating Act.

Alongside the first commentary on the digital product provision in § 548a BGB, the new edition takes into account the latest developments in legislation, jurisprudence, and academia up to spring 2024. Focuses include the changes brought about by the Heating Act, the impact of the COVID-19 pandemic on rental contracts, and the impacts of central law changes in other areas of law (e.g., the Act on the Modernization of Partnership Law – MoPeG).

This volume provides a detailed, doctrinally rigorous, practical, and up-to-date commentary on the provisions of the German Civil Code (BGB) by examining the principles applying to consumer contracts and particular types of sales in electronic commerce. The consumer protection measures of distance selling law pertain to issues such as financial services, the entrepreneur’s obligation to provide information, and the right of withdrawal.

The new 2024 edition of Monetary Law focuses on the digitalization of money (e.g., MiCAR crypto assets, digital reserve bank money) and takes an academic perspective to discuss new forms of money like e-money tokens. It takes into account the latest developments in case law and literature on interest rate adjustment clauses and foreign currency loans. Moreover, it considers the continuing empirical growth in the use of cashless payment methods.

The new edition updates the commentary to reflect the latest case law and literature. It focuses on the significance of consumer protection for the suretyship obligation and the problems of suretyship for close relatives. Moreover, the updates cover the law pertaining to letters of intent, the changes brought about by the MoPeG, and the latest developments in guarantees and assumption of debt.

This volume on §677–704 has been revised and updated to reflect the latest case law and literature while retaining its proven concept. It explores in depth the law of unauthorized acts and topics like safekeeping and innkeeper liability within their systematic foundations, while clearly outlining key cross-references to other areas of law. It adopts a practical focus to present and discuss both familiar and emerging issues.

The new edition takes into account all the developments that have taken place in the law of service contracts and employment contracts. It takes up the latest legislative discussions and plans as well as the most recent case law from the superior courts, in particular the German Federal Employment Court. The commentary is unique in its monographic structure and academic depth, making it an ideal partner in both scholarship and legal practice.

The new edition takes into account all the developments that have taken place in the law of service contracts and employment contracts. It takes up the latest legislative discussions and plans as well as the most recent case law from the superior courts, in particular the German Federal Employment Court. The commentary is unique in its monographic structure and academic depth, making it an ideal partner in both scholarship and legal practice.

The new edition analyzes the now mature FCJ case law on price increases in supply contracts. It explains digitally automated determinations of contractual performance, especially AI-driven ones. In employment law, it covers the right to issue instructions, but also salary adjustments, which will soon have to align with the Pay Transparency Directive. The discussion of arbitration reports and their oversight has been extensively revised.

T&C 1, covering §§ 305–310 UKlaG 2025, offers up-to-date commentary. It examines the new Data Act in all competitive contexts, with a new section on the latest developments regarding §307. The commentary on §§ 308, and 309 of the German Civil Code (BGB) presents alternative approaches to crafting a fair regulation that reflects the case law. Other focuses include the new §310(1)(a) of the BGB as well as recent changes brought about by UKlaG.

The analysis and dogmatic classification of case law and literature on the law of contractual performance are the focus of the new edition of §§ 255–304. Current developments, such as the place of performance for digital content and services in § 269, the time of performance for digital products in § 271, and excess performance in the context of the new sales law in § 266 BGB are presented in a clear, solution-oriented way.

T&C Law 2 (2025) provides practical solutions for important contract types, covering the drafting and regulation of T&Cs in treatment and hospital admission agreements, and residential and care home contracts, as well as being the only comprehensive guide to clauses in outpatient care service agreements. It also gives up-to-date insights into T&C law for sales contracts, banks, and employment and IT law.

The new 2025 edition concentrates on the latest developments in case law, such as the latest rulings on fixed-term employment (§ 14 TzBfG) and the classification of corporate members under §§ 622, 621 BGB, and § 626 BGB, for example, in relation to off-duty conduct. Highlights include the impact of reform on employment conditions, the streamlining of paper work through BEG IV, and the Self-Determination Act.