Task:
17 year old Franz takes 400 euro from his money box and buys a notebook with it.
Assess the legal situation if
- there's no consent
-The parents only approve the purchase after 3 weeks at the seller's request and the notebook is now badly damaged (without the parents being able to know)
Tip: Paragraph 108 II, BGB
what do you all mean?
Uh, what are you not getting there? The tip is underneath.
Read the paragraph through in peace and then you have the solution, or should we do it for you now?
Well, there's also the question of what happens to the broken notebook.
I already have but thanks
The question was, "Will a legal transaction come about?
and not "What about the notbook"
The purchase can only be approved for 2 weeks.
Question part 1 if there's no consent:
If the minor concludes a contract without the required consent of the legal representative, the effectiveness of the contract depends on the consent of the representative. => Since there's no consent, the legal transaction has not materialized and Franz has to return the notebook to the seller.
Question part 2 if the parents only approve the purchase after 3 weeks at the seller's request and the notebook is now badly damaged (without the parents being able to know)
If the other part asks the representative to explain the approval, the declaration can only be made to him; any approval or refusal of approval given to the minor prior to the request becomes ineffective. Approval can only be given up to two weeks after receipt of the request; if it is not explained, it is considered refused. => Since the parents have missed the 2-week period with their consent, the legal transaction does not take place. The damage to the notebook has nothing to do with the assessment of the legal situation according to § 108 BGB.
Read legal texts carefully and solve cases step by step… This is how it works.
If one is correct, however, the approval could be considered a new application after 3 weeks
