Deliktsansprüche

Deliktsansprüche are tort claims in German private law. They provide compensation for damages caused by an unlawful act of another person or organization, primarily under the Bürgerliches Gesetzbuch (BGB). The core provisions are § 823 BGB (damages for injury to life, body, health, freedom, property and other rights) and § 826 BGB (damages for intentional and immoral acts). Liability can also extend to persons who cause the harm through a helper or agent, under § 831 BGB and related rules. In addition, non-pecuniary damages, i.e., pain and suffering, are addressed under § 253 BGB (Schmerzensgeld) and other sections.

Elements: a protected legal interest must be violated, the act must be unlawful, fault or culpa (intent or negligence) is required unless a special liability regime applies, there must be causation between the conduct and the damage, and actual damages must exist. The claimant may also claim reimbursement of necessary expenditures and legal costs. Contributory fault by the claimant can reduce liability under § 254 BGB. Justifications such as consent, self-defense, or statutory authorization can negate liability.

Limitation/Procedure: Deliktsansprüche are subject to prescription under the BGB (general three-year period; other rules may apply). The claimant brings a claim in civil court and must prove the elements with appropriate evidence.

Differences: Deliktsansprüche contrast with contractual damages, which arise from breaches of contract and require different elements and remedies.