Volenti non fit iniuria
Volenti non fit iniuria ( Latin for the one who gives consent, no wrong happens ) is the legal principle that describes consent . A person who voluntarily and consciously consents to the actions of another cannot, in principle, assert any claims from damage suffered by the actions of the other. This requires the responsible citizen to understand that his actions can have consequences.
This is the case, for example, in sport with a boxer who agrees to fight a fight and can therefore not prosecute his opponent for injuries caused by a blow; However, this does not apply if a non-compliant impact occurred.
Unlike the principle venire contra factum proprium , which only the liability is applicable, is volenti non fit injuria about also taken to the criminal liability of a personal injury or negligent homicide in the negative and the duty of care for. B. from sports facilities to atypical hazards.
A codification of this principle can be found e.g. B. in Section 228 of the German Criminal Code (consent in the event of bodily harm).
This principle was written by the Roman lawyer Ulpian .
literature
- Ansgar Ohly : Volenti non fit iniuria - the consent in private law , University of Munich, Habilitation thesis 2001, Mohr Siebeck , Tübingen 2002, ISBN 3161477936 .
- Suryia Kumar Parmanand: Sports Injuries in the Civil Law: Volenti Non Fit Iniuria and Delictual Liability for Injuries in Sport , Lex Patria, 1987, ISBN 0628030746
- Michael Pechan: The criminal liability for bodily harm in sports Diss., 2011
See also
Individual evidence
- ↑ Kudlich, Hans: Cases on criminal law, general part, 3rd edition, Munich 2018, p. 3.
