Klimaschutzbezogene Verkehrspflichten

Climate litigation confronts the liberal social model of the German Civil Code with a systemic question: Can a private law order designed to balance individual interests be instrumentalized for collective protection goals? This study examines whether duties of care under §§ 823, 1004 BGB can serve as a regulatory instrument for large emitters' emission activities. To this end, it investigates when emitters shift climate risks into third parties' legal sphere to such an extent that cessation, reduction, or warning duties could be justified. Building on this, the study addresses whether Article 20a of the Basic Law can legitimize the development of climate-related duties of care.