Anteilige Haftung im Rahmen deliktischer und negatorischer Ansprüche

While nearly every aspect of climate change liability remains contested, there is a virtual consensus that an emitter would, if at all, only be liable in proportion to their individual share of emissions. But is this really the case? This article demonstrates that a rigorous application of German tort law implies a solidary liability for the entire damage instead. The same conclusion applies to claims based on actio negatoria and to corresponding claims for the reimbursement of adaptation costs. While doctrinally sound, this result would be extremely onerous for emitters. Therefore, if such claims were to be granted, the constitutional prohibition against imposing excessive burdens would justify putting a cap on the quantum of damages.