The word private person is intended to make it clear that someone is pursuing their own private interest , but not acting on behalf of or as a representative of companies or authorities and thus safeguarding their interests ( objective or formal objectives ). This means that private life and not work is in the foreground for private individuals . The private person assumes rights and obligations that are attributable to their private assets and is also liable with them. As a personally liable partner , however, the entrepreneur is also liable for the company's debts with his private assets. He too must strictly separate the business sphere from his private sphere ; however, both spheres come together in private extraction . Here, the entrepreneur deprives his company of assets that flow into the private sector and serve non-business purposes there.
Conflicts of interest can arise when a natural person mixes his or her privacy with the professional sphere. In 2006 the OECD defined the conflict of interest for public servants as follows: “A conflict of interest is a conflict between the official duties and the private interests of a public servant, in which the interests of a public servant in his capacity as a private person are the performance of his official duties and influence responsibilities in an unreasonable way ". This applies to all employees towards their employers and third parties . Conflicts of interest are an indication that a private person has not made a strict separation of private interests and business-related matters and thus may commit criminal offenses such as breach of trust.
A private person who has duly notified entrepreneurs with services or Services commissioned, shall be liable to the service providers , social security institutions and the financial authorities do not always for the social security and tax debts of the entrepreneur who in the performance of the specific job such as by illegal work have emerged.
A public-law claim ( tax , social assistance ) retains its public-law character in the event of its transfer to a private person and must accordingly be fought through a public-law dispute between private individuals in administrative, financial and social law channels .
If an entrepreneur books a private vacation trip as a private person , he must pay for it from his private assets, while a business trip is to be covered by his company as travel expenses . If the entrepreneur uses a company car for his private vacation trip, the non-business expenses ( gasoline costs ) are to be deducted from the operating expenses of the profit and loss account and booked as a private withdrawal reducing equity.
If someone uses their business knowledge to benefit from it as a private person, a conflict of interests can be subject to. For example, anyone who, as a bank employee, receives price-relevant information and exploits this as a private person through private transactions before this information has become public, is acting as an insider . An Insider trading is according to Art. 8, paragraph 1, sentence 1 Market Abuse Regulation (MMVO) before when someone a financial instrument directly or indirectly acquires using inside information for their own or a third party or disposed of. This insider trading is punishable according to (5) WpHG .
- OECD, OECD Guidelines for Handling Conflicts of Interest in the Public Service , 2006, p. 8
- Peter Aulmann, Undeclared work and avoid illegal employment , 2014, p. 53
- Julius von Staudinger / Hermann Amann, Commentary on the Civil Code , 1995, p. 116
- Thomas Clemens, Tax Processes Between Private Individuals , 1980, p. 49