Außervertraglichen

Außervertraglichen refers to a legal concept, primarily found in civil law jurisdictions, that describes obligations or liabilities arising outside of a formal contract. It is the opposite of vertraglichen, which pertains to contractual relationships. When something is described as außervertraglichen, it means that the legal duty or responsibility does not stem from an agreement or contract between the parties involved. Instead, these obligations typically arise from statutory provisions, tort law (delicts), or other legal principles that impose duties regardless of consent.

Examples of außervertraglichen obligations include liability for damages caused by negligence, such as in a car accident where no prior contractual relationship existed between the drivers. Another common area is unjust enrichment, where one party benefits unfairly at the expense of another, creating an obligation to return the benefit even without a contract. Inheritance law also contains elements of außervertraglichen obligations, as heirs may be bound by certain duties related to the deceased's estate without having explicitly agreed to them. The fundamental principle is that the law imposes these responsibilities to ensure fairness, prevent harm, and maintain social order, even in the absence of mutual assent.