Guarantee liability
As a guarantee liability is referred to in the law a liability that is independent of fault occurs. In principle, you are only responsible for the damage for which you are responsible due to intent or negligence . This standard of liability is extended in the case of guarantee liability.
The guarantee liability can result from a contract (guarantee contract) or from the law . The contractual guarantee is regulated in German law in § 443 and § 477 BGB .
See also
literature
- Holger Sutschet: Guarantee liability and liability for fault in a mutual contract , Mohr Siebeck Tübingen 2006 digitized