New contract? hy hypnoticestelle
Has a sales contract come about? Complain? Fo Fordlycra29
PS4 FIFA 20 + PS Plus Sharing? Lu Luciana214
The following incident:
My brother offered my PS4 on classified ads and then sold it.
When I noticed it was already too late and the money from the buyer on his account.
I told him to return the money and tell the buyer about the incident
Now the buyer insists on the Ps4 and talks about the purchase contract and blablabla
My brother is 14 and me 21
What can I do now?
Your brother is only marginally able to work. In addition, there's no contract with ebay classifieds such as eBay. Just send money back and keep Ps4.
Not a big problem. Your brother has limited legal capacity so your parents can invalidate the contract.
The purchase contract between your brother and the buyer is pending ineffective, §§ 106, 107 BGB.
An assignment of the Playstation has obviously not yet taken place. This would probably have been ineffective under § 935 BGB.
YOU do not need to do anything, but you should make your parents aware of the matter.
Your brother is only marginally able to work.
This is called "limited business ability".
In addition, there's no contract with ebay classifieds such as eBay.
?! What should the nonsense mean?
The Kv is not effective because the brother has sold goods that does not belong to him and without the consent of the owner.
Actually, he should get an ad now. After all, theft. With 14 you know for a long time what is right and wrong.
https://www.deutsche-anwaltshotline.de/recht/news/304839-eigetumserwerb-an-gestohlener-ware
The Kv is not effective because the brother has sold goods that does not belong to him and without the consent of the owner.
Completely wrong conclusion that has nothing, but nothing at all to do with the German legal system.
Actually, he should get an ad now. After all, theft.
There's no theft here.
https://www.deutsche-anwaltshotline.de/recht/news/304839-eigetumserwerb-an-gestohlener-ware
Purchase contract and assignment are to be separated from each other.
https://www.gesetze-im-internet.de/...__985.html
Do you actually read and understand the links you post here?
Maybe you should first describe a few things a little more detail.
Terms of Use of eBay Classifieds
If the user is a minor, he may only register for classified ads with the consent of the legal guardian. EBay Classifieds reserves the right in this case to make the provision of services dependent on the presentation of proof of consent of the legal guardian.
demand:
Is there such a consent from your parents? What account did your brother sell PS4 for?
When I noticed it was already too late and the money from the buyer on his account.
demand:
Your 14-year-old brother has his own Giro account?
Now the buyer insists on the Ps4 and talks about the purchase contract and blablabla
Blablabla you can actually save yourself.
If someone has screwed up here - but then probably your dear brother.
Your brother has stolen you. (He knew it was not his PS).
Your brother probably used an account without authorization?
Your brother has created photos and an article description.
Your brother has exchanged account and address information.
Your brother has been waiting for the payment.
Your brother has packed and shipped the PS.
THE FACT IS:
Between each of these steps, your brother could have come to his senses and broken things off.
From an ill-considered spontaneous action, you certainly do not go out.
The legal situation:
I told him to return the money and tell the buyer about the incident
It's not that easy. Finally, a sales contract has come about, which both sides have fulfilled.
Since your brother is a minor, it would have required parental consent.
Of course, this does not apply if the goods were stolen from someone else against better knowledge.
What can I do now?
Your parents (and only those) can challenge the contract and demand reciprocal reimbursement for services already provided.
Whether this strategy really worthwhile, but should be considered well in advance.
The contract is ineffective - no question.
However, in a civil case, the background that led to the contract would also be highlighted.
So exactly what I described in detail above.
In particular, if your brother has sneaked the account or has already handled other deals on eBay classifieds, that might not be so beneficial.
A punishment is not to be expected, but on unpleasant questions your brother should be prepared.
Whatever the case, there was no reason for the buyer to assume that your brother is a minor.
This does not change the ineffectiveness of the contract, but it can't be ruled out that your parents will stay at the expense.
What did your brother ever get for the PS and what would cost you to buy another PS?
Perhaps it is the best solution for all if you take your brother into the obligation and he replaces you the damage suffered within the scope of his possibility (installment).
And then you should take your brother into prayer and clarify if and where else unauthorized accounts are maintained.
In any case, delete it immediately!
Summary:
Only your parents can challenge the contract.
Your parents would have to finance a civil suit first before.
I think the process cost risk is high.
Summary:
Only your parents can challenge the contract.
The facts have nothing to do with the challenge.
Your parents would have to finance a civil suit first before.
I do not understand. The claimant must pay the advance.
I think the process cost risk is high.
I do not understand that either.
I'll probably show my little brother because of a Ps4 for 100 Euro you stupid Jew Bengal
That was a joke, it would not help anyway. Sure you're not 14 years old? Just come over here. Does your mother know how to talk? She would surely be ashamed (mine would be that). And what does that have to do with Jews? What do you have against Jews?
Fff
I only call it Fridays for Future.
