ABSTRACT

This chapter explains Immanuel Kant's theory of contract as a contribution to the future. Friedrich Carl von Savigny formulated the principle of abstraction in a manner that had decisive influence on the subsequent development of the German law of contract. The chapter also explains the principle of abstraction as Savigny formulated it and shows its relevance for conceptualizing sales contracts. From this discussion, it should become clear that developing a theory of transferring ownership rights was a more pressing problem for Kant than developing a theory of contractual obligation through promising. The chapter examines §§ 18–21 of the Doctrine of Right in an attempt to show that the fourfold acts-of-choice doctrine provides an intellectual basis for Savigny's principle of abstraction. It then turns to Kant's 'Dogmatic Division of all Rights Acquirable through Contract'. The chapter points out why the table cannot be seen as a static list of twelve types of contracts.