Publisher's Synopsis
Legislators have combined regulations on future assets (§ 310 - old version), current assets (§ 311 - old version), estates of third-parties still living (§ 312 - old version) and on real estate (§ 313 - old version) into one regulation, namely § 311 b. For the first time, the importance of these regulations, which are particularly relevant for notaries, including regulation § 311 c (fixtures), is elaborated on in the Staudinger in a separate volume. Not only are jurisdiction and legal literature discussed and reviewed academically, numerous case studies, often not yet resolved, are listed in this revised version, with proposed solutions, recommendations and references for practical applications. The commentator, who has provided an account of the legal material since 1978, draws on his more than thirty years of experience as a notary.
Contracts on real-estate properties which were long unsettled are now in a form that meets requirements as per the Federal Court of Justice. The effects of these now compounded contracts, as well as case-modeling, problems and their resolutions, are discussed. Asset definition in contracts about assets and in particular current assets is readdressed. The much-discussed new legislation of the Federal Court of Justice is expounded on in depth, as are the effects of this legislation with respect to the (partial) legal capacity of civil society, not only in regard to contracts on properties, but also with respect to contracts on current and future assets. Discussed in detail are the contracts that are often indispensable for secure estate planning. These contracts between future beneficiaries of the estate of a third-party still living, which can have far-reaching economic consequences, as well as contract configuration and mechanisms, which have come into question, are discussed both theoretically and as related to practice. Annex provision § 311c, sometimes over-looked at notarization, is included in a form that addresses practical needs.
The Staudinger volume with §§ 311b, 311c is available as an individual volume, as are all Staudinger volumes. The commentary is an indispensable tool for notaries, lawyers, judges, and bank and real-estate lawyers.
