Der Anspruch auf Beachtung von Schutzpflichten im Sinne von § 241 Abs. 2 BGB

To date, the question of whether there is a preventive claim to compliance with duties to protect within the meaning of Section 241 (2) BGB has not been clarified. In the first part of his work, the author explores this question by presenting the range of opinions, examining the history and the nature of duties to protect, questioning the prevailing understanding of the claim and analysing the competing interests of the party entitled to protection and the party obliged to protect. He comes to the conclusion that a claim to the observance of duties to protect exists in principle. In the second part of the work, the author analyses which norms of the general law of obligations apply to the claim for compliance with duties to protect.