Erfüllungsort und Schuldort (Classic Reprint) - Softcover

Inhaltsangabe

This book challenges the orthodox legal principle that performance must be carried out at the place where the promisor actually fulfills their obligation. The author meticulously traces the historical development of this doctrine, demonstrating that it stems from a fundamental misreading of Roman law. The author meticulously traces the historical development of this doctrine, demonstrating that it stems from a fundamental misreading of Roman law. By contrast, the author argues that the true legal principle is that performance of an obligation occurs at the place designated by the parties, or if no place is designated, at the place most appropriate for the transaction. The author also explores the practical consequences of this shift in perspective, particularly in areas such as jurisdiction and interpretation. In doing so, the author offers a groundbreaking analysis of the elusive concept of the place of performance, opening up new avenues of inquiry for legal scholars and practitioners alike.

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