Dissent

Dissent (from Latin dissension = disagreement, dissentio, I do not agree with, dissentire = disagree ) referred to in common parlance a difference of opinion with respect to certain issues and topics. He is therefore the opposite of the consensus.

Dissent in the legal

Furthermore, the dissent is a lack of agreement in contract law. We distinguish the disagreement between open according to § 154 BGB and § 155 BGB by hidden dissent.

Open dissent ( § 154 BGB)

The open dissent requires that a mutual agreement is planned. At least one of either party feels the desire one more point in this contract regulated. This point must be a contract does not necessarily decisive. However, no decision on this point is dropped and both parties know this.

Legal consequence:

Hidden dissent ( § 155 BGB)

When hidden dissent both parties assume that a contract has been concluded, and we agreed on every point of the contract (§ 155 BGB). If, after a ( normative ) interpretation according to the so-called objective receiver horizon, however, a ( normative ) consensus before, then separates from the hidden dissent, so that but a contract respectively a valid declaration of intent is present. It is to ask what could understand an objective recipient, instead of the actual receiver, in good faith ( § 242 BGB) and in view of the prevailing practice. It is therefore the objective has been said and not actually intended to protect fair dealing. The contract, however, by recognizing the failure of the hidden dissent is not void, but the contractor is a possibility of appeal granted. This divergence can manifest itself in different ways:

Legal consequence: When hidden dissent, the contract is as far as he would have closed without the club not disclosed point.