Liability privilege

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A liability privilege denotes the exemption of certain people from certain types of liability . A liability privilege can be granted by the legislature by law or ordinance or contractually agreed in civil law .

In principle, the debtor is responsible for intent and negligence in accordance with Section 276 (1) BGB . A liability privilege can change this standard in favor of the debtor.

Examples of liability privileges in Germany:

  • Reduced liability of minors ( Section 828 BGB )
  • Liability privilege for a joint permanent establishment. The privilege of liability applies to compensation for damages in the employment relationship. If an employee's accident at work is due to the fault of the employer, the liability privilege set out in Section 104 of SGB ​​VII applies . In the event of personal injury to colleagues or the employer, the employee's liability privilege according to Section 105 SGB ​​VII applies .
  • Privileged donor and lender liability ( § 521 BGB and § 599 BGB ): Both donors and lenders are only responsible for intent and gross negligence. The reason for this privilege is generally seen in the reduced need for protection of the creditor, since he receives his performance free of charge.
  • Even a finder is only responsible for intent and gross negligence, § 968 BGB .
  • In particular close relationships, liability is often limited to the customary care, for example in the relationship between spouses ( Section 1359 BGB ), between parents and their children ( Section 1664 BGB ) or in the case of shareholders in fulfillment of their obligations under the articles of association ( Section 708 BGB ).

For the contractual agreement of liability privileges, numbers 7a and 7b of § 309 BGB are to be observed in particular .