Talk:2468th Sec 0194: Difference between revisions
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<i>Citation from</i> [http://openlegaltextbook.info/Resources/13_Thai-law-and-Recent-Reforms.pdf|"Thai Law and Recent Reform in Germany and Japan in Law on Non-performance"](P.13) – | <i>Citation from</i> [http://openlegaltextbook.info/Resources/13_Thai-law-and-Recent-Reforms.pdf|"Thai Law and Recent Reform in Germany and Japan in Law on Non-performance"](P.13) – | ||
At the beginning of Book II on Obligations, the drafter decided to introduce the system-defined provision of the German concept; namely the traditional [[1896de_Book2_Chapter01_Title01#Section_241.|§ 241]] of BGB which clearly distinguishes itself from the Common law approach to the issue "effects of obligations". The proper goal of an obligation in legal sense should be to achieve its specific performance, not its pecuniary equivalence. The debtor owes the creditor a duty to perform his obligation properly to its purpose. [...] Accordingly, it could be logically expected that the demand for specific performance by the creditor initiates the part on the "Effects of non-performance". For this reason, the Thai drafter put the German provision [[1896de_Book2_Chapter01_Title01#Section_271.|§ 271]] regarding the time of performance at the top position of this part as [[2468th_Sec_0203|Sec. 203]]. [[User:Codesuser|Codesuser]] ([[User talk:Codesuser|talk]]) 15:21, 29 September 2025 (UTC) | At the beginning of Book II on Obligations, the drafter decided to introduce the system-defined provision of the German concept; namely the traditional [[1896de_Book2_Chapter01_Title01#Section_241.|§ 241]] of BGB which clearly distinguishes itself from the Common law approach to the issue "effects of obligations". The proper goal of an obligation in legal sense should be to achieve its specific performance, not its pecuniary equivalence. The debtor owes the creditor a duty to perform his obligation properly to its purpose. [...] Accordingly, it could be logically expected that the '''''demand for specific performance''''' by the creditor initiates the part on the '''''"Effects of non-performance"'''''. For this reason, the Thai drafter put the German provision [[1896de_Book2_Chapter01_Title01#Section_271.|§ 271]] regarding the time of performance at the top position of this part as [[2468th_Sec_0203|Sec. 203]]. [[User:Codesuser|Codesuser]] ([[User talk:Codesuser|talk]]) 15:21, 29 September 2025 (UTC) | ||
Revision as of 15:29, 29 September 2025
Adoption of the German "Principle of Natural Fulfillment"
Citation from "Thai Law and Recent Reform in Germany and Japan in Law on Non-performance"(P.13) – At the beginning of Book II on Obligations, the drafter decided to introduce the system-defined provision of the German concept; namely the traditional § 241 of BGB which clearly distinguishes itself from the Common law approach to the issue "effects of obligations". The proper goal of an obligation in legal sense should be to achieve its specific performance, not its pecuniary equivalence. The debtor owes the creditor a duty to perform his obligation properly to its purpose. [...] Accordingly, it could be logically expected that the demand for specific performance by the creditor initiates the part on the "Effects of non-performance". For this reason, the Thai drafter put the German provision § 271 regarding the time of performance at the top position of this part as Sec. 203. Codesuser (talk) 15:21, 29 September 2025 (UTC)
