Der privatrechtliche Beschluss

• Applicant: Privatdozent Dr. Philipp Maximilian Holle
• Subject Area: Private Law ; Public Law
• Term: since 2023
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 529557407

The resolution is the procedure of forming an unified will from individual wills of several parties entrusted with the formation of the will. As the central pivot of collective, private autonomy, it is established throughout private law. Wherever the legal system permits collegial bodies or provides for collective decision-making outside of bodies, the actors must make use of this form of action in order to be able to form their will. It is therefore surprising that the legal system does not provide any concrete information on how this collective will formation is to take place. Unlike individual declarations of intent or contracts, resolutions are not subject to any general regulation. In all laws, resolutions are regulated in more detail, at most with regard to procedural details or the existence of defects, but otherwise it is assumed to be an institute for the formation of wills. Synchronously, most studies do not approach the resolution from a general perspective, but remain focused on a specific, narrowly defined area of application and subject matter. Fundamental questions therefore remain unanswered. The current state of affairs is unsatisfactory. Scientists speak of a neglect of the resolution in the General Part of the Civil Code and of an "unfortunate gap”. They suggest that resolutions should be regulated similar to contracts in the general part of the Civil Code. Practitioners complain about the lack of a general procedural law for committees. This work takes this criticism as an opportunity to expose the instrument of the resolution in a way that is suitable as a blueprint for all constellations of resolutions under private law. The aim of this study is to prove, in a first step, that the same functional prerequisites always apply to private-law resolutions and that these can therefore also be traced back to a uniform dogmatic. Based on this, in a second step the tudy reaches deep into civil law dogmatic seeking to ground the resolution on general principles that are either already laid down in the Civil Code or could be laid down in order to regulate the unfolding of private action in resolution form in general. Similar to the way inw hich contracts are regulated in the Civil Code, the work builds a framework on the basis of which resolutions can be legally classified and the legal questions that arise in their practical application can be answered. Overall, a coordinate system is created that is of particular importance for general decision-making theory in science and offers structured navigation through decision-making in practice.

• DFG Programme: Publication Grants