Die Mobiliarmiete im englischen und deutschen Recht
1. Edition 2010
Universitätsverlag Osnabrück at V&R unipress
Schriften zum Internationalen Privatrecht und zur Rechtsvergleichung -
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Kevin Poppen deals with an area of contractual law that has rarely been dealt with in comparative law until now, namely furniture rental law. While Germany has a standard rent law that can generally be applied to the transfer of physical objects, English law does not deal uniformly with the rent of real estate and furniture. In English law, the temporary transfer of movable goods comes under the category of "bailment". The law of bailment provides an "independent sources of obligations" that regulates the distinction between ownership and possession as defined by the German Civil Code, rents, and all legal relationships involved when somebody knowingly possesses something that belongs to somebody else. While the obligations of the lessee are stipulated by the law of bailment, those of the lessor are codified by common law, specifically the Supply of Goods and Services Act of 1982. The obligations regulated in this Act are presented in this volume, as is also the question long-disputed in English law of the lessor's liability standards.