Legal recourse

Recourse (Latin regress "return" ) called in civil law the use of a person liable to a third party (for example, according to § 823 BGB), which adheres action against it. This recourse within the meaning of the law is to be distinguished from recourse in the sense of logic.

Examples

• A liability insurance has to pay damages as a result of this strict liability and calls from debt bearing causing the damage back the supply.
• A fire insurance company shall pay to the damaged building owners an insurance compensation and takes the fire polluter liable.
• The change -recipient ( payee ) can take any endorsers or the exhibitor liable. He follows the path individually back to the exhibitors, one speaks of the series recourse, in the other case from the jump regress. Reason: Each endorser liable directly liable with all its assets.
• The guarantor has satisfied the creditor and requires the performance now by the principal debtor.
• One of several joint debtors satisfied the creditor whole and requires its co-debtors spare proportion to their shares.
• The State relies on an official who has committed a breach of duty for which the state had to compensate the injured before ( so-called officials liability).
• An employee is unable to work through a third- indebted event. The employer shall continue with respect to the wages paid recourse against the polluter (§ 6 Entgeltfortzahlungsgesetz ).

Recourse techniques

The German civil law recognizes the Civil Code three different recourse techniques:

The most common case is the legal subrogation ( " subrogation ", Latin: cessio legis ). In this case, the claim against the third party goes through the performance, instead of below the satisfied creditor to the provider, through. In the above example cases, the law contains such a provision of recourse in § 86 para 1 SG ( until 31 December 2007, § 67, paragraph 1 VVG ) for the insurance companies, in § 774 paragraph 1 BGB for the guarantor, and in § 426 paragraph 2 BGB for the debtors. Through their performance to the debtor, they are so readily creditors of the original claim against the responsible party or principal debtor. With the subrogation they also acquire all securing means of the claim, but must leave the elapsed period of limitation shall apply against him.

The less common way is to create a new claim of the supplier against the third party. Such a rule can be found for example in § 426 paragraph 1 BGB for the debtor, in which the law thus combines both techniques recourse. In this way securing means do not go over, but the time is to begin with the emergence of the right of recourse.

Is there any special law, the feedback via the law of unjust enrichment can take place.

The recourse of the social security institution

The recourse of the social security institution is governed by § 116 SGB X. The civil compensation claim of the injured person goes by subrogation time of the accident on the social security institutions (DRV, health insurance, professional association ) in height which social on. Here, the factual and temporal congruence holds: The regressierenden to social need 'to remedy a ( civil ) damage of the same type ( factual ) and for the same period (in time). Provides, for example, the professional association due to an accident that was the fault of a third party, abstract calculated pension benefits, so they can be regressed the tortfeasor only in the height at which the injured party in the same period is actually a civil acquisition damage.

Often here prepares the limitation of liability against employers and co-workers (§ § 104ff SGB X) in the practice problems that often lead to civil proceedings (see disturbed total debt ). The legislature has with its new rules on limitation of liability left open some questions that are currently being decided the superior court.

In this type of recourse of the social insured citizens will only be affected when he has to be paid for by social services on his own claim for damages; otherwise runs the regress from "behind the scenes " between social security institutions and the injuring or its liability insurer. Social security institutions achieve a share of up to 10 % of their revenue through Inregressnahme of tortfeasors.

• Law of Obligations ( Germany )
• Social Law ( Germany )