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Tort Law — Other Rights (family relationships)

Date Citation Note
19.12.1989 BGH NJW 1990, 706 IVb. Civil Senate (IVb ZR 56/88) No claim in tort for economic loss against divorced wife in respect of husband's maintenance payments for child apparently legitimate but actually result of adultery Possible claim under § 826 if other very improper and harmful conduct besides adultery: failure to admit adultery and pursuit of child's apparent rights in court and enforcement proceedings not sufficient
§§ 823, 826 BGB
22.02.1973 BGH JZ 1973, 668 VI. Civil Senate (VI ZR 172/71) = NJW 1973, 991 = VersR 1973, 442 Claim by husband for compensation and satisfaction in respect of adulterous conduct of defendant with his wife No claim under § 823 I as internal marital matter to be dealt with under matrimonial law No claim under general right of personality for interference with marital community No change in law due to either public opinion or constitutional norms No claim based on Art 6 I GG
§§ 823, 847 BGB
08.01.1958 BGHZ 26, 217 IV. Civil Senate (IV ZR 173/57) = NJW 1958, 544 = JZ 1958, 247 Husband can claim compensation for the costs of the birth of an illegitimate child
Compensation of maintenance within the limits set by §§ 1708, 1710 BGB
No compensation for legal action aimed at determining the status of the child
§§ 823, 826, 1709, 1715 BGB
30.01.1957 BGHZ 23, 215 IV. Civil Senate (IV ZR 279/56) = NJW 1957, 670 = JZ 1957, 342 No compensation for legal action of a husband aimed at determining the status of an illegitimate child
§§ 823, 826 BGB