Die betrugsspezifische Garantenstellung

The study addresses the controversial boundaries of fraud by omission and provides clarity for practitioners by revealing the dogmatic guidelines from case law. The focus lies on the interpretation of the fraud-specific legal duty to act. Since it does not follow the allegedly predominant formal approach, restricted to written law, contract and dangerous behavior as possible sources, the thesis elaborates on the notion of trust as a material criterion based on an in-depth review of the entire jurisprudence on fraud. Whether this adequately compensates the legislature’s failure to sufficiently define the scope of omission liability in § 13 (1) GCC, will be evaluated in the last part.