Abstract
The aim of the tenth chapter, titled "What can be imputed to juristic persons on the grounds of fault-based liability" is to answer key questions regarding the creation and imputing to a juristic person of the duty to compensate damage. Based on the current concept of juristic persons, a juristic person never acts itself, but is rather always dependent on natural persons, whose acts are imputed to it within the meaning of Section 167 of the Civil Code, possibly in conjunction with Section 2914 of the Civil Code.
The author thus first deals with the aspects of imputing unlawful conduct of a natural person - a human being - to a juristic person, with the circumstances under which this occurs and the scope within which the capacity of a juristic person to be liable for a wrong can be inferred. However, fault-based liability requires not only the existence of unlawful conduct, but in the case of a juristic person, such conduct must also be culpable.
This is why, in the second part of his chapter, the author endeavours to clarify what constitutes negligence on the part of a juristic person and how unlawfulness of its conduct can be defined. At the same time, an answer to this question first requires a general analysis of negligence, i.e. not only with respect to a juristic person, but also in relation to a natural person.