Entwicklungstendenzen bei der Abgrenzung der zivilrechtlichen von der strafrechtlichen Haftung
Trends in the determination of the civil from criminal liability

Summary/Abstract: In the present paper the author analyses the basic legal features of civil liability (liability for damages arising from torts or breach of contractual duties), delimitating it from criminal liability, taking into account theoretical considerations, regulations and their application, beginning from traditional codifications of civil law in Europe in 19th century (French, Austrian and German). The method of incrimination in civil law is, namely, general, prohibiting by general norm any case of causing of damage (general incrimination), while the incrimination in criminal law is special, precisely describing each and every criminal act (special incrimination). Criminal liability remains a fault-based liability, while civil liability, besides fault liability, also introduces strict liability, which is not based on fault of the tortfeasor, but on causation, i.e. on the increased risk of causing damage. Civil liability may be either tortious or contractual, while continental criminal law doesn’t envisage criminal liability for breach of contract.

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