White paper for German owner-operators and asset managers
Delegieren können Sie. Abgeben nicht. (German).
Why § 831 BGB rarely exonerates the owner and § 278 BGB never does towards his own tenant, and what a transfer of duties has to contain to hold.
The problem this is about
Execution sits with the service provider, responsibility does not. § 831 BGB only exonerates against third parties, and only where selection, provision and direction were handled with due care.
Towards your own tenant none of that helps: § 278 BGB attributes the provider’s fault as your own, with no way out.
What is inside
- The chain in five links: what each passes on and what stays with it regardless
- Three provisions, three outcomes, applied to the same delegation
- The four elements of § 13(2) ArbSchG, and why a transfer without a budget is none
- Supervision in two stages: formal against the reports, substantive against the equipment
- Why passed individual inspections say nothing about whether the chain of effects works
For German owner-operators and the asset, property and facility management roles between them.
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Download PDF (10 pages)All papers provide general information and are not legal advice.