Abstract
Impossibility is a concept dating back to Roman law. Therefore at first sight it seems that there is really not much to write about impossibility anymore. However, the treatment of impossibility in the modern private law and the reactions of national lawmakers (specifically, German, Swiss and Turkish lawmakers) to such treatment show that impossibility is still an item of interest in the study of contemporary private law. The main objective of this book is to analyze the treatment of impossibility in modern private law.
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Notes
- 1.
Initial subjective impossibility did not cause voidness of the contract. Zimmermann, Law of Obligations, p. 687; Immenhauser, p. 290; Mousourakis, p. 191.
- 2.
The unofficial translation of the provision, which was proposed in the Discussion Draft (Diskussionsentwurf) reads as follows: “If the obligation is not money debt, the debtor may refuse the performance to the extent that and as long as he is unable to provide these with the effort, which he is obliged according to the content and nature of the obligatory relationship. The rights of the creditor are determined in accordance with §§ 280 to 282 and 323.”
References
Der Bundesminister der Justiz: Diskussionsentwurf eines Schuldrechtsmodernisierungsgesetzes, Der Bundesminister der Justiz, Berlin 2000. (Cited as Discussion Draft)
Immenhauser, Martin: Das Dogma von Vertrag und Delikt, Böhlau, Köln 2006.
Mousourakis, George: Fundamentals of Roman Private Law, Springer, Berlin/Heidelberg 2012.
Zimmermann, Reinhard: Law of Obligations: Roman foundations of the civilian tradition, Oxford University Press, Oxford 1996. (Cited as: Zimmermann, Law of Obligations)
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Aksoy, H.C. (2014). 1) Introduction. In: Impossibility in Modern Private Law. Springer, Cham. https://doi.org/10.1007/978-3-319-01704-4_1
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DOI: https://doi.org/10.1007/978-3-319-01704-4_1
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