1896de Book2 Chapter07 Title09

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  • Based on the English Translation by: Wang, Chung Hui (1907). The German Civil Code, translated and annotated with historical introduction and appendices. London: Stevens and Sons. [available on Archive.org]

BOOK II. Law of Obligations.

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Chapter VII. Particular Kinds of Obligations.

Title IX. Promise of Reward.

  • A person who by public notice announces a reward for the performance of an act, e.g., for the production of a result, is bound to pay the reward to any person who has performed the act, even if he did not act with a view to the reward.
  • [I] The promise of reward may be revoked before the performance of the act. The revocation is effective only if it is made. known in the same manner as the promise of reward, or by special communication.
  • [II] The revocability may be waived in the promise of reward; in case of doubt a waiver is presumed from the fact that a period of time has been fixed for the performance of the act.
  • [I] If the act for which the reward has been promised has been performed several times, the reward belongs to the person who has first performed the act.
  • [II] If the act has been performed by several persons simultaneously, an equal share of the reward belongs to each. If the reward is in its nature indivisible, or if by the terms of the promise only one person is to receive it, it is decided by lot.
  • [I] If several persons have contributed to the result for which the reward is promised, the promisor shall divide the reward among them equitably with regard to the share of each claimant in the production of the result. The division is not binding if it is evidently inequitable; in such a case it is made by judicial decree.
  • [II] If the division of the promisor is not recognised as binding by one of the claimants, the promisor is entitled to refuse fulfilment until the claimants have settled the dispute among themselves as to their respective rights; each of them may demand the reward to be lodged for the benefit of all.
  • [III] The provision of 659, par. 2, sentence 2, applies.
  • [I] A promise of reward which has a prize competition for its object is valid only if a period of time for the competition is fixed in the notice.
  • [II] The decision whether any competitor fulfils the conditions of the promise of reward within the period, or which among several competitors deserves the preference, shall be made by the umpire named in the notice of reward, or in the absence of any such, by the promisor of the reward. The decision is binding upon the parties concerned.
  • [III] In case of equality of merit the provisions of 659, par. 2, apply to the award of the prize.
  • [IV] The transfer of ownership of the thing produced may be demanded by the promisor of the reward if he has specified in the notice of reward that such transfer shall be made.