Tort Law — § 823 II BGB

Date Citation Note
16.12.1958 BGHZ 29, 100 VI. Civil Senate (VI ZR 245/57)

Defendant one of two shareholders and directors of private company; creditor claimed part of unrecovered debt from defendant, based on § 823 II BGB and company’s failure to start bankruptcy proceedings when insolvent under § 64 I GmbHG
These norms are not intended to protect creditors against giving credit to insolvent company
Could only claim to extent that when right to payment arose, would have shared in distribution of assets
§ 823 II BGB
§ 64 I GmbHG

12.11.1957 BGHZ 26, 42 VI. Civil Senate (VI ZR 314/55)

Defendant bus business ran regular service in breach of licence
Federal Railways claimed that most passengers would otherwise have used railway
Transport of Persons on Land Act a protective statute within § 823 II BGB, in favour of claimant, as claimant exempted from licensing and had rights to object and Act restricted competition
Act did not contravene Art 12 GG as exercise of occupation could be regulated by statute
Essence of right not affected (Art 19 II GG)
1951 Act organising Federal Railways shows pre-eminent community interest in them
Art. 12, 14, 19 GG
§ 823 II BGB
§§ 1, 2, 4, 40

30.11.1954 BGHZ 15, 315 I. Civil Senate (I ZR 147/53)

Association for Hamburg bar sued association giving housing assistance (third defendant) and its legal advisers
Third defendant breached § 823 II BGB in conjunction with § 1 I of Act concerning Legal Counsellors
Protected bar, as well as public, from advisers not subject to rules protecting administration of justice
Third defendant could make some charge for services, but remuneration on scale of charges for legal counsellors incompatible with exemption under § 7(1) of Act
Advisers must have known of third defendant's statutes so liable as accomplices or accessories
§ 823 II BGB
Art. 1 §§ 1, 7 RBerG