Refresh

0 Hits

John

Rechtswidrigkeitszusammenhang und Schutzzweck der Norm

Dogmatische Chimären im Kontext rechtmäßigen Alternativverhaltens
Nomos,  2020, 289 Pages

ISBN 978-3-8487-6450-1


Our continuation service: You will receive new series titles or new editions automatically and without obligation to purchase. If you wish to do so, you can mark it in the shopping cart.

The work is part of the series Studien zum Zivilrecht (Volume 28)
76,00 € incl. VAT
Also available as eBook
76,00 € incl. VAT
Available
Add to shopping cart
Add to notepad
 Further options for registered users

englischUnder the legal doctrine of “lawful alternative conduct” a tortfeasor claims that harm would have occurred even if he had exercised due care and that, consequently, the he or she should not be liable for any damage. Currently, under the dominant view in the German jurisdiction, the issue is approached on a case by case basis with reference to the purpose of the respective breached duty of conduct. The author concludes that this approach is not convincing, referencing the dogmatic foundations of German liability law. The author also analyses the concept of the “context of unlawfulness”, whereby a concept of prevention is relied upon to approach the issue of “lawful alternative conduct”. Following a critical examination of the existing concepts, the author proposes another dogmatic approach.

Find reading samples of the current title in PDF format here:
Find the cover of the current title in PDF format here: