Die Neuregelung des Verjährungsrechts im Schuldrechtsmodernisierungsgesetz (Volume 1) (English shop)

Preview

Table of Contents, Datei (56 KB)
Extract, Datei (31 KB)

Review:

The New Regulation of the Law of Limitation in the Act on the Modernisation of the Law of Obligations.
By Ulrich Krämer.
As is well known, the law of limitation was fundamentally restructured by the Act on the Modernisation of the Law of Obligations of 26 November 2001 (BGBl I 2001, 3138) with effect from 1 January 2002. The dissertation to be reviewed here first provides an overview of the genesis and the essential content of the Act on the Modernisation of the Law of Obligations (pp. 4–19). It then briefly reports on the state of opinion regarding the purpose of limitation (pp. 20–28). All of this follows familiar lines. The following pages (pp. 29–166) present the new law of limitation. The overview is successful. In many sections of the dissertation, brief comparative references are also to be found (see Zimmermann, Das neue deutsche Verjährungsrecht – ein Vorbild für Europa?, in: Koller/Roth/Zimmermann, Schuldrechtsmodernisierungsgesetz, 2002, pp. 9 ff.) to the basic rules on limitation in European contract law. These basic rules are printed in German translation in ZEuP 2003, 895 (903 ff.). The work, submitted for printing in November 2002, seeks to take into account only the literature published up to the end of 2001, although – according to the preface – it was under review by the Giessen faculty between the summer semester of 2002 and the winter semester of 2002/2003. The dissertation is thus unable to offer practitioners an overview of the state of opinion at the time the manuscript was completed. The author’s self-imposed limitation with regard to the literature consulted is also to be regretted because the achievement of the work lies above all in its comprehensive view of the new law. It would certainly have been a valuable enrichment of the literature if one had been able to read the author’s engagement with the literature published up to the summer of 2002.

Professor Dr. Heinz-Peter Mansel, Cologne