A Obliegenheit is a behavior requirement, whose disregard draws legal disadvantages.

Obliegenheiten exist within contracts apart from the owed contractual obligation.

Examples:

• Who suffers a damage, must the damage as possible keep as small (damage reduction decrease).
• Buyers must examine bought things immediately of another buyer for lack and the lack equal (notice of defect being incumbent onness with the commercial transaction), "§ 377 HGB.
• Who orders a photo of itself with the photographer, must naturally also be able to be photographed (obligation to cooperate).
• With insurance contracts Obliegenheiten exist to the announcement of accidents and the report of insurance-relevant data.

Differently than a contractual obligation the fulfilment of a Obliegenheit cannot be required or in-complained in principle, however the default of a Obliegenheit can have requirement-reducing consequences after the principles of the contributory negligence.

With Obliegenheitsverletzungen for example the obligation for accrual of the insurer can be void even completely. The insurer can withdraw or quit if necessary also from the contract ("§"§ 6 paragraph 1, 16 paragraph 2 insurance contract law).

Also in the social right Obliegenheiten so mentioned exist for an applicant, who stresses an achievement, ("§"§ 60ff. SGB I). In the context of the reasonableness it has to communicate immediately the achievement-substantial facts just like the change of conditions and designate evidence as well as submit written documents or agree to the collecting main. It must bear also medical investigations in the form of investigations in principle. Offences against the Obliegenheiten, which cannot be implemented obligatorily, can be punished with the extraction or refusal of the achievement. Necessary is however a period setting under reference to the consequences. The reaction of the service provider is posed into its discretion. If the co-operation action is then retrieved, the social security benefit can still later be granted ("§ 67 SGB I).

In the reference to insurance contracts Obliegenheiten are obligations, which are imposed upon to an insurant by an insurance contract or a law. One differentiates thus between legal and contractual Obliegenheiten. Contractual Obliegenheiten of the insurance contract are regulated in "§ 6 VVG (insurance contract law).

A culpable injury of a Obliegenheit can lead to it, that that insurers from its obligation to perform is released. This applies particularly with Obliegenheitsverletzungen before occurring an accident. (VVG "§ 6 Abs.1)

An example: Typically during a household insurance a danger increase, e.g. by a scaffold at the house, must be indicated to the insurer. If one misses this, then this can lead to the fact that the insurance in the case of damage to a Obliegenheitsverletzung to appoint itself and if necessary completely can refuse the payment.

Articles in category "Obliegenheit"

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