J. von Staudingers Kommentar zum Bürgerlichen Gesetzbuch : mit Einführungsgesetz und Nebengesetzen. Buch 2. Recht der Schuldverhältnisse. - §§ 826 - 829, Produkthaftungsgesetz, Volume 35

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Sellier-de Gruyter, 2003 - Law - 542 pages
[§§ 826-829; Product Liability Law. Unauthorised Acts, 2nd Product Liability] The importance of § 826 BGB for the further education of commercial law is constantly increasing. In the meantime the standard that has replaced the outdated loss compensation obligation in the so-called qualified company, also regulates additionally to § 37b WpHG (Securities Trading Law) - the liability for capital market law publications and opens claims of damaged investors in a large number of investments forms (e.g. terminal options on commodities). Via § 826 BGB practices liquidate damages which formerly were replaced by the so-called direct liability of the controlling shareholder and grant protection from defamation by individuals and companies through unethically-based value judgements. This revised edition classifies, completely explains and brings totally up-to-date the broad area of application of the standard. Also the importance of he norm in other areas such as in family law (Recourse of the putative father) or procedural law (legal validity breakthrough of enforcement notifications in housewife bails cases) are equally considered. The new edition of §§ 828 to 829 BGB primarily considers the amendments which resulted from the Second Amendment Law for Legal Compensation Regulations. These have presumably also increased the importance of the product liability law. With the discontinuance of the barrier of the § 2 page 2 Product Liability Law and the possibility of the liquidation of compensation money for immaterial damages according to § 8 page 2 Product Liability Law, two essential claim-impeding obstacles fall away which will give rise to a larger importance for the liability law in practice.

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