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Tort Law — Joint Debtors Relationship (§ 840 BGB)

Date Citation Note
06.04.2001 Kammergericht
IX. Civil Senate
9 U 2200/99
Claim by insurer for reimbursement of half sum paid under § 833 to defendant’s wife for injuries from accident involving insured’s and defendant’s dogs
No joint debtor relationship under §§ 840, 421 BGB as § 1359 BGB applied and defendant had not breached standard of care for own affairs
Strict liability and liability for ordinary negligence between spouses excluded
§§ 421, 840, 1359 BGB
01.03.1988 BGHZ 103, 338 VI. Civil Senate (VI ZR 190/87) Duties to safeguard the public by public authority maintaining children's playing area
No special legal relationship with child injured falling from slide, so no joint fault to be attributed to parent under § 278 BGB
Defendant's liability not reduced by parent's fault for which he was not liable because of lower standard of care under § 1664 BGB, nor to reflect settlement between joint tortfeasors
§§ 278, 823, 840, 1664 BGB
25.11.1971 VersR 1972, 274 = MDR 1972, 316  
18.02.1969 BGB VersR 1969, 518 Claimant slipped on icy road when boarding bus not close enough to kerb; conductor signalled bus to start and driver caused bus to strike claimant; not sufficient to train driver; need for warnings and inspections; bus company liable under § 831. §§ 833, 840, 1359 BGB