Prävention durch zivilrechtliche Haftung – eine Reevaluation

This paper re-examines the foundations of civil liability law, focusing particularly on the role of prevention. To this end, the identification of functions of civil liability is set in the broader context of establishing general foundational concepts in positive law. Subsequently, the paper analyses prevention as a means of civil liability before addressing two current issues relating to civil liability and prevention. Essentially, the paper argues against prevention as a foundational principle, but in favour of a broader acceptance of prevention as the purpose of specific norms.