V. Dornröschens Erwachen im Recht der Willensmängel – ein misslungenes Scheingeschäft vor dem Reichsgericht

Abstract

Abstract The Awakening of Sleeping Beauty in an Absence of Intent – a Failed Simulated Transaction in the German Imperial Supreme Court. When the Friedrich Krupp Corporation promised to supply gas to the City of Bochum in 1910, the parties of this long-term contract could not anticipate the scarcity of raw materials during the upcoming First World War. In the aftermath of the war, Krupp was not able to provide for the quality that had initially been stipulated. Nevertheless, the parties prolongated the contract. When the City of Bochum insisted in proper fulfilment, Krupp argued that the prolongation of the contract according to the original conditions had been a simulated transaction the City of Bochum could not insist on. In 1941, the German Imperial Supreme Court denied the applicability of the provisions of the German Civil Code concerning an absence of intent, holding that each and every simulated transaction to be certified within an official document must be considered fraudulent. This article reviews the court’s decision in the light of its ideological background.