Schadensersatz statt der Eigentumsvormerkung? (Marian Thelemann)

»Compensation Instead of Priority Notice? The (In)Applicability of the Claim for Compensation Instead of Performance ( 280 para. 1, para. 3, 281 German Civil Code) to the Consent Claim of the Person Entitled to Priority Notice Against the Third-Party Acquirer ( 888 para. 1 German Civil Code)«: The author offers an answer to the question of whether the person entitled to priority notice can monetize the claim under 888 para. 1 German Civil Code instead of enforcing it. The application can be constructed by treating the demand for compensation as an approval of the disposition contrary to the priority notice. However, the claim for compensation does not match the interests underlying the legal relationship between the person entitled to priority notice and the third-party acquirer.

Marian Thelemann studied law at Friedrich Schiller University Jena, Germany, from 2012 to 2017, specializing in commercial law. He then completed postgraduate studies with a focus on antitrust and tax law as well as business informatics (degree: LL.M. oec.). From 2018 to 2021 he worked as a research assistant at the chair of Prof. Dr. Christian Fischer in Jena. Between 2021 and 2023, he completed his legal clerkship at the district court of Rostock, Germany. He then worked for a commercial law firm in real estate law and for a notary public. In July 2025, he became notary assessor at the chamber of notaries of Mecklenburg-Vorpommern.

Buch (Paperback), Deutsch, 317 Seiten