Die analoge Anwendung von § 305c Abs. 2 BGB auf die Auslegung von automatisierten Willenserklärungen

The principle that, in case of doubt, ambiguities are to be borne by the user of the standard form declaration applies to general terms and conditions (&sect, 305c para. 2 BGB). Various renowned commentaries on the German Civil Code suggest that this principle also applies accordingly if a declaration of intent is made using modern communication technology. This view is sometimes also referred to as "the prevailing opinion". There is rarely any justification as to why this widely held view should apply. Instead, reference is mainly made to authorities from secondary literature, often in a circular fashion.

The work is therefore dedicated to this complex of topics and subjects the aforementioned &raquo,prevailing opinion&laquo, to a critical examination. For in the field of law, no opinion can stand without a solid foundation. Taking into account findings from the legal history of the ambiguity rule, but also drawing on legal economics and comparative law, the work aims to scrutinise the legal validity of the &raquo,prevailing opinion&laquo, and to establish whether it actually deserves legal approval.