Exculpation
Under the exculpation (of lat. Culpa , "debt") is in the law , the debts of a person understood.
civil right
According to § 831 BGB, a person is liable because it is legally presumed that he or she has not carefully selected (faulty selection) or supervised (fault on supervision) someone else who has unlawfully caused damage to a third party while performing a task. The person can refute this assumption and exculpate himself through the so-called exculpation proof.
According to § 831 BGB, the claimed business owner is liable - in contrast to the attribution according to § 278 BGB - not for the third party fault of the third party employed by him ( vicarious agents ), but for one's own selection and monitoring fault , d. H. for one's own accusable breach of duty, for not having carefully selected (fault in selection) or monitored (fault in monitoring) the employed assistant. The extent and scope of these obligations depend on the public opinion, the type of performance and the particularities of the individual case.
Section 831 (1) sentence 1 of the German Civil Code (BGB) establishes a presumption of fault that the principal did not carefully select and monitor the vicarious agent. On the other hand, it is assumed that the breach of duty by the principal was causal for the damage.
For the principal, however, there is the possibility of being able to exonerate himself despite the breach of duty by the auxiliary person if he is choosing the appointed person and, if he has to procure devices or equipment or to direct the execution of the work, in the procurement or management has observed the care required in traffic ( Section 831, Paragraph 1, Sentence 2, Case 1 BGB) or if the damage would also have occurred if this care had been exercised ( lawful alternative behavior , Section 831, Paragraph 1, Sentence 2, Case 2 of the BGB).
If the business owner did not choose the vicarious agent personally but, for example, a personnel manager, the business owner can provide the so-called decentralized exonerating evidence if he has properly selected and monitored the personnel manager. However, this possibility of exculpation is restricted again according to the principles of organizational fault. If the organizational obligation is violated, there is a violation of a traffic safety obligation, which can give rise to liability on the part of the principal under Section 823 (1) BGB.
If the exculpation succeeds, the vicarious agent may be liable.
Exculpation is also possible in the case of animal owner liability ( Section 833 sentence 2 BGB), the liability of the property owner ( Section 836 paragraph 1 sentence 2 BGB) and in favor of a vehicle driver ( Section 18 paragraph 11 sentence 2 StVG ).
Criminal law
In criminal law, exculpation means acting without guilt . Insolvency exists according to 19 StGB for children and acc. Section 20 of the Criminal Code because of mental disorders. If there is a reason to exclude guilt , the act will not be punished.
If the perpetrator's ability to see the wrongdoing of the act or to act according to this insight is not abolished when committing the act for one of the reasons specified in § 20 , but is considerably reduced, the penalty according to § 21 StGB are mitigated (so-called Dekulpation). With the help of a psychiatric report , the court decides whether the culpability is reduced or eliminated due to the illness.
Web links
Individual evidence
- ↑ Palandt-Sprau § 831 Rn. 11.
- ↑ Refutable fault liability: vicarious agents, § 831 BGB March 12, 2019.
- ↑ Henning Wündisch: Liability for the mistakes of assistants May 3, 2016.
- ↑ Decentralized exonerating evidence Rechtslexikon.net, accessed on April 26, 2020.
- ↑ Palandt-Thomas, § 831 Rn. 15th
- ↑ Staudinger / J. Hager, § 823 Rn. E 61.
- ↑ Exculpation - Jura definition, meaning in law and example § 831 BGB on exculpation juraforum.de, accessed on April 26, 2020.
- ↑ cf. Michael Rösler: Forensic Psychiatry at a Glance (no year)
- ↑ Alexander F. Schmidt: culpability cod - Encyclopedia of Psychology , accessed on 26 April 2020th
- ↑ H. Schöch: On the relationship between psychiatry and criminal law from a legal point of view. Der Nervenarzt 2005, pp. 1382-1388
