Gesamtschuld und Erlass

Beschreibung

With regard to German and French private law and in consideration of the Principles of European Contract Law, Florian Bentele examines the effects of a release which has been granted by the creditor to one of its joint and several debtors to the framework of the joint and several obligation.
A creditor to whom several persons are jointly liable can claim the entire debt or part of the debt from each of these debtors without any limitations until his claim has been met. The cross-liabilities of the joint and several debtors need not concern him. This basic principle is put to the test if the creditor releases one of the joint and several debtors completely or partially from the debt. With regard to German and French civil law, Florian Bentele examines the effects of such a release on the relationship between the creditor and the joint and several debtors and, taking the Principles of European Contract Law into consideration, he develops a modern concept of joint and several obligation and release. He concludes his study with a proposal for regulation.

Autor*in

Florian Bentele
Geboren 1974; Klavierstudium (Diplom) in Karlsruhe und Imola; Studium der Rechtswissenschaft in Freiburg; 2005 Promotion; seit 2005 Rechtsanwalt bei Hengeler Mueller.

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