Der gesetzliche Vertragseintritt

'The Statutory Substitution of a Contract Party'

This thesis contributes to building a general structure of the so-called 'propertization of obligatory rights', or more precisely, the 'statutory substitution of a contract party'. The article rejects the traditional viewpoint namely dichotomy between 'in personam rights' and 'in rem rights'. With the new perspective of the fundamental rights, the statutory substitution of a contract party can be seen as a restriction on the constitutional right 'private autonomy', which shall be guaranteed. Therefore, the model regarding the restriction on the fundamental rights provides exactly the normal framework for the concerned rules.