Esoterische Lebensberatung und Vergütungsanspruch

Manche Leute haben Probleme mit der Lebensgestaltung und wenden sich an entsprechende Experten: Psychologen oder Coachs, die teilweise auch auf eine wissenschaftliche Ausbildung und viel Handlungspraxis zurückgreifen können. Viele Leute gehen aber auch zu Wahrsagern und Kartenlegern, für die eine wissenschaftliche oder rational nachvollziehbare Ausbildung nicht vorstellbar ist. Die spannende Frage ist nun, ob solche Vergütungsansprüche auf Verträge zur esoterischen Lebensberatung vom Anbieter einklagbar sind. Tatsächlich hat sich der Bundesgerichtshof vor kurzen mit dieser Frage beschäftigt und ist zu interessanten Überlegungen gekommen.

Der Fall, der von Bundesgerichthof geprüft wurde, handelte von einer Kartenlegerin, die mit Gewerbe-Anmeldung Life-Coaching bzw. Lebensberatung anbot. Der Kunde hatte bereits 35.000 Euro entrichtet, aber es war noch eine Restforderung von 6.700 Euro offen, die die Kartenlegerin bisher erfolglos einklagte. Denn die Vorinstanzen wendeten den § 275 Abs. 1 des Bürgerlichen Gesetzbuches an: „Der Anspruch auf Leistung ist ausgeschlossen, soweit diese für den Schuldner oder für jedermann unmöglich ist.“

Zukunftsprognose und Lebensberatung auf Basis von Kartenlegen wie z.B. Tarotkarten ist objektiv unmöglich, auch der Bundesgerichtshof will dieser Entscheidung der Vorinstanzen nicht widersprechen. Doch das reiche nicht aus, um die Unwirksamkeit der Forderung bei einer esoterischen Lebensberatung oder Tarot zu begründen.

Allerdings folgt aus der objektiven Unmöglichkeit der versprochenen Leistung nicht zwingend, dass der Vergütungsanspruch der Klägerin … entfällt. Die Vertragsparteien können im Rahmen der Vertragsfreiheit und in Anerkennung ihrer Selbstverantwortung wirksam vereinbaren, dass eine Seite sich – gegen Entgelt – dazu verpflichtet, Leistungen zu erbringen, deren Grundlagen und Wirkungen nach den Erkenntnissen der Wissenschaft und Technik nicht erweislich sind, sondern nur einer inneren Überzeugung, einem dahingehenden Glauben oder einer irrationalen, für Dritte nicht nachvollziehbaren Haltung entsprechen. „Erkauft“ sich jemand derartige Leistungen im Bewusstsein darüber, dass die Geeignetheit und Tauglichkeit dieser Leistungen zur Erreichung des von ihm gewünschten Erfolgs rational nicht erklärbar ist, so würde es Inhalt und Zweck des Vertrags sowie den Motiven und Vorstellungen der Parteien widersprechen, den Vergütungsanspruch des Dienstverpflichteten zu verneinen. Nach den Umständen des Falles liegt die Annahme nicht fern, dass die Klägerin nach dem Willen der Parteien die vereinbarte Vergütung ungeachtet des Umstands beanspruchen konnte, dass die „Tauglichkeit“ der erbrachten Leistung rational nicht nachweisbar ist.

Zitatende (Quelle Pressemitteillung des BGH wie oben verlinkt)

Naheliegende Schlussfolgerung aus dieser Begründung könnte sein: Wer im Bewusstsein der der nicht rationalen Nachvollziehbarkeit „Leistungen“ erwirbt, die objektiv unmöglich sind, der kann trotzdem zur Zahlung verpflichtet sein.

Diesen Umstand muss nun die Vorinstanz erneut prüfen. Allerdings gibt der Bundesgerichtshof einen Hinweis, wie man auch hätte entscheiden können. Der Vertrag über die esoterische Lebensberatung auf Basis von Kartenlegen und Tarot könnte auch sittenwidrig sein. Denn die zur Zahlung verpflichtete Seite könne in einer kritischen Lebensphase stecken, die ihre Handlungs- und Einsichtsfähigkeit einschränkt. Für die Unterstellung der Sittenwidrigkeit sollen auch keine besonders hohen Maßstäbe angewandt werden.

Es bleibt also abzuwarten, ob der Vergütungsanspruch nach esoterische Lebensberatung oder Tarot wegen objektiver Unmöglichkeit oder wegen Sittenwidrigkeit scheitern muss. Skeptiker gegenüber esoterischer Lebensberatung bedauern gegenwärtig noch, dass der Bundesgerichtshof nicht zu einer eindeutigen Stellungnahme gekommen ist.

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