Julian ArningGefährdungshaftung im Straßenverkehr bei gespaltener Rechtszuständigkeit

About this book englishenglish

Hardly any other topic occupies legal science and practice with such frequency as the question of liability in traffic accidents. It is therefore all the more surprising that not all of the questions involved have been conclusively clarified.

One such question arises in connection with the financing of motor vehicles, i.e. it affects a large proportion of the motor vehicles found on German roads: What influence does it have on the settlement of claims if the keeper and owner of a vehicle are different persons - especially in the case of retention of title, transfer of ownership by way of security and leasing?

Section 17 III 3 StVG, which was already inserted in 2002, shows that the legislator has seen the issue. However, it has not yet found a conclusive solution. However, the problem is not only relevant in the StVG itself. It runs through the entire claims process - from the occurrence of the damage to the out-of-court settlement of the claim to the assertion of claims for compensation in court.

Already during the assertion of the claim for compensation, conflicts can arise in the internal relationship of the creditors or in the external relationship with the debtor. The work examines the choice of settlement methods recognised by case law on the basis of repair costs or replacement costs as well as the still controversial question of whether §§ 741 ff. BGB are suitable as a regulation for the internal relationship of a majority of creditors.

The attribution of operational risk and contributory negligence, which play a role in almost every traffic accident, also causes great difficulties. The assertion of damage claims in court also needs to be carefully considered, especially since this does not always have to be done by both creditors together, but can sometimes also be pursued by one alone by way of litigation. This work deals with the problems of claims settlement in chronological order and provides practical solutions.

Ihr Werk im Verlag Dr. Kovač

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