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2024 (2)

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Die analoge Anwendung von § 305c Abs. 2 BGB auf die Auslegung von automatisierten Willenserklärungen.
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ISBN: 3428590643 Year: 2024 Publisher: Berlin : Duncker & Humblot,

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Abstract

According to various renowned commentaries on the German Civil Code, the principle that ambiguities are to be borne by the user of general terms and conditions (Section 305c (2) BGB) should also apply to automated declarations of intent. The extent to which this view deserves approval is questioned, taking into account findings from the legal history of the ambiguity rule, but also with recourse to legal economics and comparative law, and then it is explored whether this intention actually deserves legal approval.


Book
Pragmatics, utterance meaning, and representational gesture
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ISBN: 9781009031080 1009031082 9781009454407 9781009013796 Year: 2024 Publisher: Cambridge : Cambridge University Press,

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Abstract

Humans produce utterances intentionally. Visible bodily action, or gesture, has long been acknowledged as part of the broader activity of speaking, but it is only recently that the role of gesture during utterance production and comprehension has been the focus of investigation. If we are to understand the role of gesture in communication, we must answer the following questions: Do gestures communicate? Do people produce gestures with an intention to communicate? This Element argues that the answer to both these questions is yes. Gestures are (or can be) communicative in all the ways language is. This Element arrives at this conclusion on the basis that communication involves prediction. Communicators predict the behaviours of themselves and others, and such predictions guide the production and comprehension of utterance. This Element uses evidence from experimental and neuroscientific studies to argue that people produce gestures because doing so improves such predictions.

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