Türk-Alman Üniversitesi Hukuk Fakültesi Dergisi
Yazarlar: Karen KLEIN
Anahtar Kelimeler:Contract with protective effect for third parties,Breach of protective obligations,Weaknesses of tort law,Supplementary interpretation of contracts,Liability of experts
Özet: The contract with protective effect for third parties was developed to compensate existing weaknesses in German tort law. Its purpose is to include a third party into the protection of a (pre)contractual obligation concluded between two other parties. To prevent unfair liability risks for the debtor, the contract with protective effect for third parties can only be applied if restrictive criteria are met. In this case, the third party – although never intended to be part of the contract – is entitled to claim damages on a (pre)contractual basis.