Gesetzliche Haftungsbeschränkungen für ehrenamtlich tätige und bürgerschaftlich engagierte Personen

In this study, the author discusses statutory liability limitations for honorary activities. He comes to the conclusion that the rights granted in this respect need to be evolved in order to adapt them to their intended regulatory purpose. This study provides an overview of the legislative development of legal liability limitations in Germany since the introduction of its civil code (the BGB) and discusses the relevant decisions made by the highest court of law in this regard. It then proceeds to determine the unconstitutionality of § 31a of the BGB. At this point, however, the author goes further and submits a concrete proposal for advancing the privileges of volunteers (or active citizens) which complies with the constitution. Dr Hendrik Pusch is a legal advisor for the Landessportbund Sachsen e.V. (Saxon Sports Confederation) and, as a lawyer, mainly advises non-profit organisations on legal matters.