The author examines the Trihotel ruling from 2007, in which the Federal Court of Justice classified the liability concept of destruction of existence liability exclusively as a special case of immoral intentional harm under Section 826 of the German Civil Code (BGB). The decision made at that time carries a dual exclusivity thesis: exclusively tort law, exclusively Section 826 BGB. Vanessa Kluge is particularly interested in whether the cited norm truly represents the only applicable basis for claims regarding the liability of a sole shareholder of a limited liability company (GmbH) for causing insolvency. She addresses the question of whether Section 823 (2) BGB, in conjunction with criminal or liquidation law protective statutes, can adequately close the protection gap arising from capital preservation law.