On Jhering's passive Wirkungen and the proprietary effect of the fulfilment of the condition in case of a transfer subject to a suspensive condition

The proprietary effect of the fulfilment of the suspensive condition in a conditional transfer is traditionally explained by the retroactive effect of the fulfilment of the condition. In the nineteenth century, various writers wondered whether this explanation was satisfactory. Jhering proposes a different theory for the explanation of the proprietary effect of the fulfilment of the condition. In his article ‘Passive Wirkungen der Rechte’, he creates a theory based on Roman law in which the proprietary effect is explained by the passive Wirkungen of the ‘legal bond’ of the asset. In his theory... Mehr ...