Laws N shit

So heres basicly what we went through this monday at school, read and learn guys!
I tried to translate it as good as possible. Cheers!

II . STRONG INVALID DUE - Contracts

1 Introduction

The strong grounds for revocation are:

false,
counterfeiting ,
misrepresentation ,
immaturity and
duress .
 

In the case of one of the above strong grounds for revocation , the agreement referred invalid.

2 The individual strong grounds for invalidity

fake
False means that are written in a false document . The specified promise does not realize that another person has provided a document with his signature . You can not guard against . Why does this objection forged signature always .

counterfeiting
Falsification means that a person has made in the content of the document that promise entity has signed. This can promise does not protect against. This plea of ​​forgery works always .

Misrepresentation - § 32 paragraph . 2
Distortion means that the promised content changes during transport from promise to promise to receive , for example, by a technical fault or fax a dial failure in a data transmission or by a bid that change on the promise to lift the receiver .

When the corruption is discovered by lifting provides , for example, upon receipt of an order confirmation, lift without undue delay - if lifting receives in good faith - giving pledge is notified about the corruption of his promise , otherwise it becomes binding . Is lifting receive in bad faith , there selvfølglig not imposed promise does a claim duty.

Duress - § 28
Violent coercion means that the promise is caused by personal violence or by threat of immediate use of personal violence. The violence must be directed towards lifting the giver.

If the lifting entity will plead duress , he once violence has ceased announce lifting the receiver that he has been forced , if not lift the receiver itself has been violent , but a third party.

III . STRONG INVALIDITY PLOT - incapacity - Legal Guardianship Act

1 Introduction - the main rule

The legal rules for minors and minors also face the Act on Guardianship . Immaturity is a so-called legal capacity shortage , ie . inability to act rationally .

Children and young people under 18 are minors and thus incapacitated . Minors can not commit the acts or dispose of their assets , unless they are married , § 1 The general rule is that the agreements entered into by minors are void. It is the parents who are guardians of the minors .

2 The availability of self-employed - cash rule - except one

It is permissible for minors themselves to have what he has acquired by his own work after the age of 15 years, but only for cash purchases , § 42 This provision is also referred to as cash rule.

The court to which the minor has to have even acquired , does not provide the minors allowed to assume debt , § 42 paragraph . 2

The guardian can state administration approval deprive the minors the right to enter cash purchases , if it is necessary for the welfare of minors , § 42 paragraph . 3

3 Money rule - except 2

It will be very inconvenient if minors can not buy anything in the shops. Therefore establishes jurisprudence that minors may well make cash purchases without the permission of their guardians.

About the deal in this particular case must go back depends on the operator's good faith. In such a situation comes to money rule. Money rule applies to all persons regardless of age. It also applies to minors under 15.

Money rule means that a person who in good faith receives money from an incapacitated may retain such .

When minors who make cash purchases , as they are not allowed to , it is crucial that the business was in good faith , that the goods and the amount is equivalent to what peers usually buy without their parents standing next to and approve the purchase.

4 Ineffectiveness of minors void agreements

Following the general rule , minors not commit the acts or dispose of their assets , § 1 This means that the minors do not buy on credit.

Such agreements are invalid , even though the business was in good faith. There is thus a strong ground of invalidity. This means that the parties must return their services , § 45

In practice, this means that the minors have the money paid back , and the business gets it bought back . But what if the minor is unable to deliver the purchased item , such as a bike back because it has been stolen?

The minors may come to replace it was purchased value. This takes place at the scale that is appropriate to the circumstances of the purchase.

Usefulness rule - § 45 paragraph . 1
Has the minors not tried to trick the business to conclude the deal , the minors replace the useful rule. The minors must replace only to the extent that he has benefited from the article. If he has no real use has had , he should not replace anything .

Fairness rule - § 45 paragraph . 2
If the minor has deceived the business, for example, by signing the agreement , although in bold letters stand that he declares that he is over 18 years , provides the judge without regard to utility or not, to what extent it is reasonable to be paid compensation. The referee shall exercise all discretion on the reasonableness of the amount of damages .

Punishable conditions - § 45 paragraph . 3
If the minor has been so advanced that he has forged official documents , such as birth certificate , which is a criminal offense , the judge must make business "full" compensation. However, full compensation in this case is the price minus profits.

It is called the negative contractual interest. The business made ​​negative , as if the agreement was never reached . All costs have been the purchase and preparation of the goods sold to be covered, but that is not profit .

The opposite of the negative contract interest is the positive performance interest . The business made ​​a positive , as if the deal was fulfilled , thus including profits.