Durchgang einer Hochwasserwelle durch einen See (Seeretention)

Towards a Metatheoretical Postmodern Approach to Legal Reasoning

“…Understanding is no longer a method and the cognitive "subject-object" relation is left behind, since phenomenological hermeneutics enables the junction of both objective and individual experiences. 47 By abandoning the quest for truth and method, Gadamer asserts that hermeneutics is a philosophy (more specifically, a mode of being) since the "only being that can be understood is language." 48 He describes the conditions under which understanding is possible and embraces three inextricably and usually divided aspects: understanding, explanation and application.…”

“…57 The essence of law is concrete/historical and can only be found in applicatio, since ontological hermeneutics has replaced objectivity with the historicity of understanding. 58 Unlike legal positivism, the metatheoretical approach sees legal reasoning as a spiral construction of the historical act of understanding. It adopts a postmodern perspective by deconstructing all paradigms that ignore the fusion of ontological-epistemological perspectives.…”

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“…The rules of the Civil Code on joint liability are also applicable in the cases where the debtor, in accordance with the law or a contract, is liable for the nonperformance or improper performance regardless of his fault. 47 Such cases include the obligations that are related to enterprise activities.…”

“…However, the founders of the company are jointly and severally liable for obligations associated with the formation of the company and arising prior to its registration; this liability is based on the law, but those obligations may be transferred to the company on the approval of the general meeting of shareholders. 58 Moreover, the members of the (limited liability) company bear jointly (solidarily) subsidiary liability for the obligations of the company to the extent of the value of the unpaid contributions 59 . 60…”

“…The draft recognised that the developing countries needed special and 46 See Sander & Inotai (1996). 47 The Cains Group was formed prior to the Uruguay Round in 1986. This Group argues in favour of agricultural liberalization as they are main exporters of agricultural products.…”