The attitude adopted by the BGB

At the time of codification in Germany, the category of quasi-contracts had become more or less decomposed and was as discredited as the quasi-delicts. The fathers of the BGB in the end abandoned any attempt to systematize the law of obligations and simply placed 25 different types of obligations side by side: ranging from sale and exchange (title 1) to production of things (the old actio ad exhibendum, title 23), unjustified enrichment (title 24) and delict (title 25).^[110] Such an attitude (one can only call it a capitulation) does not sufficiently appreciate the fact that the endeavours to find a satisfactory divisio obligationum are not an idle glass-bead game, but serve to find a rational justification and basis for imposing and recognizing obligations.^[111] Like any system, it should be designed to demonstrate "veritatfes] inter se connexafe]".^{[112] [113] [114]} Interestingly, though, a revival of the dogmatic categories of quasi- contract and quasi-delict has recently been suggested.^1-0 This specific suggestion forms part of a strong move to overcome, once again, the crude bipartite division into contract/quasi-contract and delict/quasi- delict to which Justinian's scheme was reduced in the course of the 19th century.¹²¹ For, on the one hand, strict liability can no longer be regarded as an anomaly only to be dealt with in special, somewhat haphazard, statutes; it has to be accepted as an integral part of a modern law of loss allocation, and that is, as a second track of liability besides delict.^{[115] [116] On the other hand, the need for a quasi- contractual liability based on justifiable reliance has become increasingly apparent: a new and independent line of liability that can be regarded neither as contractual (because it presupposes no valid contract but merely a special relationship based on business contact) nor as delictual (because of the increased intensity of duties owed to the other party, going beyond what is owed to everybody in the course of daily life).[117] [118] [119]}

6.