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Die analoge Anwendung von § 305c Abs. 2 BGB auf die Auslegung von automatisierten Willenserklärungen.
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According to various renowned commentaries on the German Civil Code, the principle that ambiguities are to be borne by the user of general terms and conditions (Section 305c (2) BGB) should also apply to automated declarations of intent. The extent to which this view deserves approval is questioned, taking into account findings from the legal history of the ambiguity rule, but also with recourse to legal economics and comparative law, and then it is explored whether this intention actually deserves legal approval.
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Keywords
- Cheapest cost avoider
- Rechtsvergleich
- thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law
- thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNB Private or civil law: general
- Unklarheitenregel
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DOI: 10.3790/978-3-428-59064-3Editions