Das Bewegliche System zur Konkretisierung der Sittenwidrigkeit bei § 826 BGB

Using a fundamental approach, the thesis thoroughly examines the concept of ‘contra bonos mores’ as stated in Paragraph 826 of the German civil code. The author creates a standalone system of ‘flexible’ criteria which serves to handle cases of ‘contra bonos mores’ where traditional tactics using precedents from former cases fail or cannot be easily applied. The building blocks and scope of this flexible system are carefully and concretely defined. Furthermore, the sources for the ‘flexible’ criteria are also examined. Following the theory portion of the thesis, the system is tested by considering its effective applicability in the current Dieselgate emissions scandal: the question of whether owners of diesel motor vehicles whose emission levels were falsified are entitled to compensation from the manufacturer.
The conclusions resulting from this methodically far-reaching approach are not restricted to a single issue or norm. Rather, the text further contributes to the perpetual reflection needed in all legal settings in which vague legal terminology or general clauses are used.