Экзамен зачет учебный год 2023 / Koziol_BasicQuestions_Germanic
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Helmut Koziol |
Basic Questions of Tort Law from a Germanic Perspective |
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ersatzrecht«. As no English expression with simi- |
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lar meaning is available or at least common, it is |
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referred to as »tort law« as this is the main topic, |
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although the borderlines to contractual liability |
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are discussed and remedies and even time limi- |
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tations are dealt with. |
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Schutzpflichtverletzungen |
breaches of special duties of care established by |
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business contact. |
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Schutzzweck der Norm |
protective purpose of a norm established accord- |
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ing to the aim and meaning of the provision |
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imposing liability, thus by teleological interpre- |
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tation of the norm. |
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Tatbildmäßigkeit |
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fulfilment of the very abstract legal elements of a |
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tort. |
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tort law |
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see |
Schadenersatzrecht. |
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unjust enrichment |
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see |
Eingriffskondiktion, Verwendungsanspruch. |
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Verhaltensunrecht |
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wrongfulness related to the behaviour of the tort- |
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feasor; theory of unlawfulness of conduct. |
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Verkehrsicherungspflichten |
duties to protect others against risks one has |
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established by one’s activity or property. Marke- |
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sinis, A Comparative Introduction to the German |
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Law of Torts ( 4th edn, 2002 ) 86 admits that the |
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term Verkehrssicherungspflicht is not easy to trans- |
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late. He thinks that it » could be summarized by |
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saying that whoever by his activity or through his |
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property establishes in everyday life a source of |
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potential danger which is likely to affect the inter- |
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ests and rights of others, is obliged to ensure their |
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protection against the risks thus created by him «. |
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Verrichtungsgehilfe |
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see |
Besorgungsgehilfe |
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Verwendungsanspruch |
action for unjust enrichment by interference: |
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claim of the owner of goods against a person, |
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who drew advantages from goods allocated to |
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the owner without any grounds for justification, |
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to surrender his enrichment. |
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wrongfulness |
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see |
Erfolgsunrecht, Verhaltensunrecht. |
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Appendices |
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Glossary |
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