Die Mitverantwortlichkeit des Geschädigten im Privatrecht

In the case of traffic accidents and other incidents which cause damage, the injured party often shares responsibility for the damage. However up to now it has not been quite clear what the dogmatic basis for dealing with this problem is. Dirk Looschelders deals with contributory negligence of the injured party on the basis of comparative law. In general, negligence pertains to illegal conduct; however it is not illegal to contribute to damage to oneself. On the basis of his own dogmatic deliberations, the author examines the factual prerequisites for contributory negligence of the injured party in accordance with § 254 of the BGB (Civil Code). He concludes his book with a detailed discussion of the general principles for allocating the damage to the party that caused the damage and the injured party.