By payment of damages (or also compensation without joint s) one understands the reconciliation of a damage, which someone suffered against or without its will by another person or thing, without an advantage would have to arise for the other one from it.

The German civil law differentiates first according to the reason between legal and contractual claims for damages. A condition is regularly culpable acting or omitting, only exeptionally comes an be to blame for-independent absolute liability to carries. Will be to blame for justified by own behavior, strange behavior can only in exceptional cases be added. The requirement for compensation is directed toward reconciliation of the measurable damage. Besides requirement on an appropriate smart money can develop with personal injuries. A contributory negligence of the damage can be held out to the adhesion on compensation. The adhesion third does not relieve Mithaftende, possibly can both as a total debtor cling.

Bases of the claims for damages

Claims for damages can result from law or from contract.

Legal claims for damages

Legal claims for damages are in appropriate laws (e.g. "§"§ 823 FF. BGB) standardizes.

Thus "§ 823 exp. regulate 1 BGB: "“Who deliberate or negligent the life, the body, the health, the liberty, which hurts property or an other right of another illegally, is the other one to substitution of the damage developing from it obligated."”

In these laws it is determined that for facts (e.g. Who"…. illegally hurts"…) the legal consequence of the payment of damages occurs ("… is"… to the replacement of the"… Damage obligates).

In accordance with "§ 823 exp. the obligation to pay damages results 2 BGB also opposite that, which offends against laws, which aim at the protection of another. To these so-called laws for the protection certain penal laws belong in the StGB (for instance against bodily injury and damage) as well as numerous further laws (e.g. over the product liability).

Contractual claims for damages

From injury of a third-party liability

Claims for damages can result from an agreement between claimants and requirement opponent (contract). One or both Contracting Parties can be justified by a contract obligations, for their fulfilment are responsible for. These are called third-party liabilities.

Thus in accordance with "§ 433 exp. 1 sentence 1 BGB of the salesmen of a thing is obligated by the sales contract, which buyer the thing to hand over (possession providing) and the property at the thing provide (transfer of title).

If the salesman fulfills these obligations late or not at all, then the obligation steps to the payment of damages beside the obligation to perform. Is either the fulfilment damage (e.g. Interests to refund "§ to 286 exp. 1 BGB) or the confidence damage (e.g. due to in the confidence on the supply of transacted "§ 284 BGB).

From injury of a Nebenpflicht

Apart from the fulfilment of the "“third-party liabilities"” the Contracting Parties must fulfill multiple so-called Nebenpflichten. These are obligations to the mutual consideration for the rights, right goods and interests of the partner ("§ 241 exp. 2 BGB).

Among the Nebenpflichtverletzungen are ranked among other things:

• Are to blame for before contract conclusion (culpa in contrahendo) - Bsp: The sales shop of the salesman, in whom about the contract one negotiates, must be working properly, so that the customers cannot hurt themselves.
• Are to blame for after conclusion of a contract (positive violation of contract) - ex.s: The salesman must the buyer only later ago admits becoming lack of the purchase thing to warn.
• Bad performance: - Ex.s: In the case of supply of the bought thing damage is caused

Contractual Nebenpflichten was concretized by the iurisdiction: The most important right constructions were thereby culpa in contrahendo (Vorvertragliche obligations of the salesman) and the PVV (positives violation of contract, also PFV - position demand injury). Their bases in "§ 241 exp. 2 BGB were legally supported and out-arranged by the law of contract reform further.

The Nebenpflichten contains 1 BGB the obligation of the carrying out in accordance with "§ 242 exp. to cause "“its achievement in such a way like faithful and faith in consideration of the usage it requires"”.

A locking enumerating of Nebenpflichtverletzungen from debt contracts is not possible due to their multiformity.

Adhesion for third damage

The so-called third adhesion represents a special case of the contractual adhesion on payment of damages: not the contracting party, but one at the contract third did not take part a disadvantage are added. Here there are two cases:

If for instance due to fungus growth in the rented dwelling (initial lack of the renting thing) not the tenant, but its child gets sick, it is relevant for the adhesion of the landlord whether he had to count on the fact that the child lives in the dwelling; with relatives this is to be affirmed regularly, differently can it however during unauthorized Untervermietung third behave on. ("“Contract with protective effect to favour third"”)

The third damage liquidation designates a further case of the third adhesion.

Adhesion only with own being to blame for

Both bases of the compensation obligation presuppose regularly a being to blame for: only who supplies imprisonment for debt too late, is responsible for the damage caused by default ("§ 286 exp. 4 BGB); only who hurts imprisonment for debt the property of another, clings on substitution of the damaged thing ("§ 823 exp. 1 BGB). Are to blame for is in "§ 276 BGB described as resolution or negligence (exp. 1), negligence is again defined as ignoring the care necessary in traffic (exp. 2): who does not consider this duty to exercise diligence, is responsible for the damage developing from it.

It is insignificant whether its injury of the duty to exercise diligence exists in active acting or inactivity: who omits it vacating and strewing before its house snow, is responsible for the damage, which third suffers therefore with a smoothness fall just like that, which buries water on the sidewalk at frost temperatures. The frequently relevant duties to safeguard traffic represent the attempt to set up positive obligations to act whose injury can release a compensation obligation.

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