§§ 701-704 Einbringung von Sachen bei Gastwirten (The History of Innkeepers' Liability in Germany)
Historisch-kritischer Kommentar zum BGB, Vol. III: Schuldrecht. Besonderer Teil: §§ 433–853, Joachim Rückert, Mathias Schmoeckel and Reinhard Zimmermann, eds., Forthcoming
Posted: 13 Nov 2010 Last revised: 31 Aug 2012
Date Written: September 1, 2010
This study is part of the historical commentary to the German Civil Code, vol. III. It examines the historical background of the provisions on innkeepers' liability in German law and the further development of these provisions in the 20th century. The story begins in Roman law and is then taken into the ius commune (receptum nautarum cauponum stabulariorum). In the course of the 19th century, innkeepers' liability became the main battlefield for the conceptualization of vis maior and for the problems concerning the introduction of standard terms of business into the contract. The article critically analyses the decisions taken by the draftsmen of the BGB and the experiences gathered in the course of the 20th century. The most far-reaching reform occurred in 1966, and it was based on a Convention prepared under the auspices of the European Council. Innkeepers' liability thus constitutes an early example of harmonization of European private law.
Please note that this is an article published in German.
Keywords: Innkeepers' liability, receptum nautarum cauponum stabulariorum, culpa levissima, vis maior, force majeure, custodia, transportation law, standard terms of business, no-fault liability, items, fault, usus modernus.
Suggested Citation: Suggested Citation