19/11/2019

澳洲代写被抓-奖励广告制度

墨尔本论文代写

本文的主要内容是奖励广告制度,根据德国法律,奖励是单方面的承诺。这是奥地利法学家H。勒纳的文章中引用了西格尔的话。在分析德国和法国传统奖励性质的差异时,法学家西格尔提出,在德国法律中,有必要找到某种形式的认可,在理解单边承诺时,这种认可可以作为一种约束力。在西格尔提出建议之前的德国法典中,对公众的承诺虽然被描述为一种契约,但似乎没有任何明确的立场。本篇澳洲代写被抓文章由澳洲论文人EducationRen教育网整理,供大家参考阅读。

The reward as a unilateral promise exists under the German law. It was the consequence of an idea and work by Austrian Jurist H.Siegel as cited in Lerner’s article. In analyzing for differences in the reward nature between German and French traditions, Jurist Siegel proposed that in German law it is necessary to find some form of recognition that could be used as a binding force when it comes to understanding unilateral promises.In the German code before Siegel’s recommendations, the promise to the public although characterized as a contract did not seem to have any clear-cut position.
The general recognition of the advertisement for rewards system was more dependent on the obligation held or the context in which the rewards advertisement made. According to Geiger, this situation (before the recommendation of Jurist Siegel came to be accepted into the BGB) led to much confusion in interpretation as the context in which the promise was made would have to be analyzed every time. Ambiguous interpretations are possible. The unilateral or bilateral character of the promise was never considered and consequentially the context or background of the case had to be thoroughly analyzed when in doubt.
The recommendation of Jurist Siegel found partial expression in the BGB. This binding forced was defined in the section 657 of the BGB. The Binding force as it came to be accepted in the section, defines the reward auslobung as not a contract but more of a unilateral promise. Difference between the contract and the unilateral promise is that, the contract will require an offer to be made and the offer must be accepted. For instance, if an offer is made for a reward (advertised as a reward) then the offer acceptance clauses would be introspected or the modes of acceptance would be introspected or ‘if there was acceptance’ would be some queries raised. As seen in the case of the UK legislation, advertisements might be treated as an invitation to offer. On the other hand, a unilateral promised differs from the invitation of an offer in that the unilateral promise will not require acceptance. It is enough if the offer is made. The section 657 of the BGB states that “A person, who by public notice announces a reward for the performance of an act, in particular for the production of a result, is bound to pay the reward to any person who has performed the act, even if he [the latter] did not act with a view to the reward”

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