Venire versus factum proprium

Venire versus factum proprium (lat. Offence against the own earlier behavior) designates a certain case of the offence against the principle of faithful and faith , which are fixed in the civil law book in § 242 in the German law of contract. Afterwards an exercise of rights is inadmissible and ineffective within obligation or another legal special connection, if the entitled one created even an actual situation, on whose existence the other part was allowed to trust and trusted. If the entitled one held for example the other involved one expressly to keep the necessary form of the business then it can represent a misuse of rights, if it appoints itself nevertheless later to the form inefficacy. Likewise it can contradict for example this principle, if the married man, who agreed an artificial fertilization of its wife with donor sperm (heterologe Insemination so mentioned), later the obligation to pay alimony with reference to the missing (biological) paternity to extract itself wants.

The forfeiture, with which the other part did not have to count by timing and behavior of the entitled one any longer on it that a requirement would be made still valid, is a special Unterfall of the contradictory trade.

literature

  • Hans walter Sebastian Dette, Venire versus factum proprium nulli conceditur: to concretizing a legal proverb. Duncker and Humblot, Berlin 1985. ISBN 3428059026
  • Michael Griesbeck, Venire versus factum proprium - attempt of a systematic and theoretical collection. Jur. Diss. Peppering castle 1978.
  • Roland Kreibich: The principle of faithful and faith in the tax law. , Exemplary venire deepens right dogma tables investigation of its outside purchases and internal structure versus factum proprium at the principles of the forfeiture and. Heidelberg 1992 (at the same time Diss. Augsburg 1991).
  • Erwin Riezler, Venire versus factum proprium - studies in the Roman, English and German civil right. Duncker & Humblot, Leipzig 1912.
  • Pure hard Singer: The prohibition of contradictory behavior. Munich 1993 (Jur. Diss. Munich 1992).
  • Arndt pond man: venire versus factum proprium - a partial aspect of right-abusive acting. In: 1985, 497-502.
  • Hans Josef Wieling: Venire versus factum proprium and being to blame for against itself. AcP 176 (1976), 334-355.
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