Die Sachmängelhaftung nach neuem Schuldrecht am Beispiel des Kunstkaufs

This book provides jurists interested in the right of purchase of art with a thorough investigation of art warranty under the German law of obligations, which fully takes account of the relevant jurisprudence and research literature in this regard. Art warranty has always been based more on case law than on legal statutes, with German courts frequently focusing on the desired result rather than on accurate dogmatic foundations. Based on the reform of the German law of obligations, this thesis depicts the problems that have been solved in this regard, unfolds remaining issues and offers valuable solutions. With legal regulations now built upon the sale of unascertained goods instead of determinate obligations, this study illustrates the impact of this model change using the example of purchasing works of art—outlining all the relevant court rulings from ‘Beltracchi’ and ‘Buddha sculptures’ to ‘Banksy’.