Avoidance is a legal means of making a legal transaction that has come about but is flawed with retroactive effect null and void (§ 142 BGB). Reasons that justify a challenge are:
The error as a misconception about facts (§ 119 BGB). He can be:
Error of content - The person making the declaration is mistaken about the meaning of his declaration, e.g. B. incorrectly foreign words.
Explanatory error - a person's declaration of will objectively does not correspond to what they wanted to express, e.g. For example, a seller inadvertently marks a product with 50 € instead of 500 €.
Transmission error - a person's declaration of intent is incorrectly passed on by a commissioned person (e.g. messenger) or institution, e.g. B. instead of the abandoned € 5,000, a telegram contains an offer price of € 3,000 (§ 120 BGB).
Error about essential properties - The challenge relates to factors that add value to a person or thing. It can take place if the properties about which she was wrong are the cause of the declaration of intent, e.g. B. a forged painting is mistaken for the original.
The challenge must be made immediately after the error has been discovered (Section 121 of the German Civil Code). There is no reason for contestation in the case of an error of motive as an error in the motive and in the case of culpable ignorance of the legal situation.
The malicious deception as a conscious act of misleading someone. The challenge must take place within a year from the discovery of the deception (§§ 123,124 BGB).
The unlawful threat as an illegal influence to force an action. The contestation must take place within one year of the end of the predicament.