Theory of Spheres
The theory of spheres in the various areas of law is basically about the fact that the person in whose sphere the risk lies has to bear the (economic) risk of disadvantage or damage. It describes accordingly in jurisprudence
- a theory for determining the level of protection in the area of general personal rights .
- a theory in the law of contracts for work and services , according to which the customer of a work according to § 645 para. 1 BGB is responsible for all risks that originate from his sphere; see price risk #Work contract law .
- a theory in labor law , according to which the payment of wages despite the impossibility of work depends on whether the risk relevant to the disruption comes from the sphere of the employer ( business risk theory ).
- a theory based on securities law founded by Peter Ulmer , according to which the risk of counterfeiting of check forms is borne by the person in whose sphere the risk of counterfeiting falls. In the general terms and conditions of banks, it primarily serves to shift the liability risk on to the customer and is rejected by the Federal Court of Justice .
