
Contents
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
I. Introduction I. Introduction
-
II. Compensating the promisee on the basis of § 2057a BGB II. Compensating the promisee on the basis of § 2057a BGB
-
A. Scope and rationale of the provision A. Scope and rationale of the provision
-
B. The requirements of § 2057a BGB B. The requirements of § 2057a BGB
-
1. Work, care services, or substantial financial contributions 1. Work, care services, or substantial financial contributions
-
2. Work or care must be provided for a long period of time 2. Work or care must be provided for a long period of time
-
3. Contribution to the preservation or increase of the value of the property of the deceased … 3. Contribution to the preservation or increase of the value of the property of the deceased …
-
4. … to a particular degree 4. … to a particular degree
-
5. Lack of adequate compensation 5. Lack of adequate compensation
-
-
C. Quantifying the adjustment C. Quantifying the adjustment
-
D. Nature of the right to an adjustment D. Nature of the right to an adjustment
-
E. Attempts at reforming the provision E. Attempts at reforming the provision
-
F. Conclusion F. Conclusion
-
-
III. Compensating the promisee on the basis of §§ 677ff ABGB III. Compensating the promisee on the basis of §§ 677ff ABGB
-
A. Background and rationale A. Background and rationale
-
B. Scope and requirements B. Scope and requirements
-
C. Quantifying the care legacy C. Quantifying the care legacy
-
D. Relationship with other claims D. Relationship with other claims
-
E. Conclusion E. Conclusion
-
-
Concluding summary of Part III Concluding summary of Part III
-
-
-
-
-
11 Establishing a claim on the basis of § 2057a BGB and §§ 677ff ABGB
Get access-
Published:September 2022
Cite
Abstract
This chapter examines two further modes of redress that can come to the aid of a testamentary promisee and their requirements. One is drawn from German law (§ 2057a BGB) and the other from Austrian law (§§ 677ff ABGB). Even though neither of these legislative solutions was developed to specifically address cases of unfulfilled informal testamentary promises, and thus no mention is made of promises, a promisee may nonetheless rely on them to obtain redress. While their scope of application is relatively narrow, and the protection offered on the whole limited, both legislative interventions are interesting. They represent attempts to acknowledge the importance of work and services provided by certain family members, and thus contributions to the estate, including in the form of domestic and care services that would otherwise remain unremunerated. In that sense they are similar to the créance de salaire différé, examined in the previous chapter, though the créance applies only in the agricultural context.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
November 2022 | 4 |
December 2022 | 2 |
January 2023 | 4 |
February 2023 | 1 |
April 2023 | 7 |
August 2023 | 2 |
September 2023 | 2 |
October 2023 | 11 |
November 2023 | 5 |
December 2023 | 1 |
April 2024 | 4 |
June 2024 | 2 |
August 2024 | 1 |
September 2024 | 3 |
March 2025 | 3 |
April 2025 | 2 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.