In Germany, tort law is characterised by its systematic approach and its many subtle distinctions. Probably the most characteristic feature of German tort law is judge-made in order to fill lacunae in the Civil Code of 1900. In the early 20th century, the Reichsgericht created safety duties based on negligence, and generally they require a very high level of care. The proper place of these safety duties in the legal system is strongly debated in the legal literature, in which systematic aspects are generally considered to be of great importance even if their practical impact is not always clear. This chapter looks at the German Civil Code provisions on fault liability, judge-made rights such as right to business and general personality right, and rules of stricter liability including liability for things and liability for persons.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.