Systematik des Rechts der (entgeltlichen) Geschäftsbesorgung (The Law of Management of Another's Affairs in Comparative Perspective)

Rabel Journal of Comparative and International Private Law (RabelsZ), Vol. 76, No. 4, pp. 836-863, October 2012

Max Planck Private Law Research Paper No. 12/29

29 Pages Posted: 2 Nov 2012

See all articles by Martin Illmer

Martin Illmer

Max Planck Institute for Comparative and International Private Law

Date Written: June 1, 2012

Abstract

The law of Geschäftsbesorgung on the continent, which can only roughly be translated by the English term "management of another's affairs", is characterised by diverging systematic concepts and classifications among the national legal systems. This article compares the historical development and status quo of the German, Austrian and Swiss systems. While the three systems have continuously influenced each other, they today present three very different concepts and demonstrate the diversity among the European legal systems. Against this heterogeneous background, the approach of the Draft Common Frame of Reference to Geschäftsbesorgung is analysed and critically scrutinised, before concluding with some thoughts on the structural deficits of the status quo and possible ways forward.

This article is published in this Research Paper Series as part of the special issue of the Rabel Journal in honour of Reinhard Zimmermann's 60th birthday with the generous and exceptional permission of the rights owner, Mohr Siebeck. Full-text Rabel Journal articles are available via pay-per-view or subscription at IngentaConnect, a provider of digital journals on the Internet.

Note: Downloadable document is in German.

Keywords: Draft Common Frame of Reference, Management of Another's Affairs, Mandate, Service Contracts

Suggested Citation

Illmer, Martin, Systematik des Rechts der (entgeltlichen) Geschäftsbesorgung (The Law of Management of Another's Affairs in Comparative Perspective) (June 1, 2012). Rabel Journal of Comparative and International Private Law (RabelsZ), Vol. 76, No. 4, pp. 836-863, October 2012; Max Planck Private Law Research Paper No. 12/29. Available at SSRN: https://ssrn.com/abstract=2165787

Martin Illmer (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, D-20148
Germany

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