The Institution of Contracts with a Protective Effect for the Benefit of Third Parties in German Law

Abstract

The article is devoted to the consideration of the institution of contracts with a protective effect for the benefit of third parties - a legal structure developed by German judicial practice in order to eliminate certain shortcomings in German tort law. As such shortcomings, the provisions of § 831 BGB are called, which provide the employer with wide opportunities for exemption from liability for harm caused by the employee, as well as limited opportunities for recovering pure economic losses based on tort law. The author explores the concept, causes, conditions and scope of the doctrine of the protective effect in favor of third parties in the legal system of Germany. Keywords: contracts with a protective effect for the benefit of third parties; liability for damage caused by third parties; pure economic losses; civil liability; German tort law.