To know
Must know is a legal term in German civil law for a certain degree of knowledge of a circumstance. The term is legally defined in Section 122 (2) BGB as follows :
- "The liability for damages does not arise if the damaged party knew the reason for the nullity or the contestability or did not (had to know) as a result of negligence."
This definition of the need to know applies to all private law . The term can be found in numerous standards, for example in § 123 , § 166 , § 179 Paragraph 3, § 254 Paragraph 2 or § 434 Paragraph 1 BGB, but also outside the Civil Code, such as B. in Section 15 (2) sentence 2 HGB or Section 46 (3 ) AktG .
Any form of negligence within the meaning of Section 276 (2) of the German Civil Code (BGB) is sufficient for negligent ignorance . Therefore, in the case of Section 122 (2) BGB, knowledge must be assumed if the damaged party should have recognized the grounds for nullity or contestation with due attention. According to the case law of the Federal Court of Justice (BGH), this is the case, for example, if “the circumstances of the individual case would have to cause the contractual partner to inquire whether the declaration of intent sent to him is based on deception or not”.
Individual evidence
- ^ BGH, judgment of April 9, 1992, Az. IX ZR 145/91
