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[General Part 3]
This volume demonstrates, in a researched and practical manner, the legal principles enshrined in
90-103 concerning all legal relationships relating to property. It incorporates the resulting interdependence of property and real estate laws and the foreclosure law, for which practical solution approaches are developed. The core facts of legal transaction teaching are comprehensively presented, especially within the framework of
104 ff., also taking into account the influences of legal capacity over and above civil law on commercial law, industrial law, procedural law and administration law. The current legal modifications of
828 Paragraph 2 for instance are taken into account. A particular highlight is the comprehensive comment on
105a that was recently introduced in 2002, and upon which - and this is also important in practice - precise solution proposals are developed. The legal modifications from 2001 are incorporated within the framework of the legal formalities (
125-129). Also handled in detail and from the point of view of an experienced practitioner are the form effects incorporating the notary-attested certification procedure, in which the emphasis is placed on the preconditions required for the effectiveness of the certification. The particularly important regulations for legal practice regarding submission, start of effectiveness, access and interpretation of declarations of intent (
130-133) are presented in detail taking the most recent developments in jurisprudence and literature into consideration.
Über den Autor / die Autorin
Christian Hertel, LL.M. (George Washington Universität), ist Notar in Weilheim (Oberbayern). Bis Juli 2009 war er Geschäftsführer des Deutschen Notarinstituts in Würzburg.
