{"title":"捷克、奥地利和德国私法中合同的保护目的和专家对第三方的责任","authors":"Jitka Matějková, Ondřej Pavelek","doi":"10.2478/bjlp-2019-0016","DOIUrl":null,"url":null,"abstract":"Abstract The aim of the paper is to describe the so-called protective purpose of the contract, by demonstrating the liability of experts for damage caused by an imperfect expert opinion, incorrect advice, or information. The comparative method will be used in conjunction with analyzing the Czech, Austrian, and German arrangements – their continuities and differences. Criteria for assessing whether this is a protective purpose of the contract and how these criteria vary in different legal frameworks are discussed in detail. The conceptual features of the expert as well as the assumptions of their responsibility for providing advice or information regulated in the individual jurisdictions are argued as well. The article concludes that the protective purpose of the contract is demonstrated accurately in the case of the liability of the expert for damage which has been established on the basis of a contract. These are in particular cases where an expert draws up an opinion on behalf of the parties on the basis of a contract which is, however, concluded with merely one party. In the event of a breach of the contract, the expert is also responsible for the damage caused to a party that has not concluded the contract with an expert.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":"{\"title\":\"The Protective Purpose of the Contract and the Liability of an Expert Towards a Third Party in Czech, Austrian, and German Private Law\",\"authors\":\"Jitka Matějková, Ondřej Pavelek\",\"doi\":\"10.2478/bjlp-2019-0016\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract The aim of the paper is to describe the so-called protective purpose of the contract, by demonstrating the liability of experts for damage caused by an imperfect expert opinion, incorrect advice, or information. The comparative method will be used in conjunction with analyzing the Czech, Austrian, and German arrangements – their continuities and differences. Criteria for assessing whether this is a protective purpose of the contract and how these criteria vary in different legal frameworks are discussed in detail. The conceptual features of the expert as well as the assumptions of their responsibility for providing advice or information regulated in the individual jurisdictions are argued as well. The article concludes that the protective purpose of the contract is demonstrated accurately in the case of the liability of the expert for damage which has been established on the basis of a contract. These are in particular cases where an expert draws up an opinion on behalf of the parties on the basis of a contract which is, however, concluded with merely one party. In the event of a breach of the contract, the expert is also responsible for the damage caused to a party that has not concluded the contract with an expert.\",\"PeriodicalId\":38764,\"journal\":{\"name\":\"Baltic Journal of Law and Politics\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-12-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Baltic Journal of Law and Politics\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2478/bjlp-2019-0016\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Baltic Journal of Law and Politics","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2478/bjlp-2019-0016","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
The Protective Purpose of the Contract and the Liability of an Expert Towards a Third Party in Czech, Austrian, and German Private Law
Abstract The aim of the paper is to describe the so-called protective purpose of the contract, by demonstrating the liability of experts for damage caused by an imperfect expert opinion, incorrect advice, or information. The comparative method will be used in conjunction with analyzing the Czech, Austrian, and German arrangements – their continuities and differences. Criteria for assessing whether this is a protective purpose of the contract and how these criteria vary in different legal frameworks are discussed in detail. The conceptual features of the expert as well as the assumptions of their responsibility for providing advice or information regulated in the individual jurisdictions are argued as well. The article concludes that the protective purpose of the contract is demonstrated accurately in the case of the liability of the expert for damage which has been established on the basis of a contract. These are in particular cases where an expert draws up an opinion on behalf of the parties on the basis of a contract which is, however, concluded with merely one party. In the event of a breach of the contract, the expert is also responsible for the damage caused to a party that has not concluded the contract with an expert.
期刊介绍:
Baltic Journal of Law & Politics (BJLP) is a scholarly journal, published bi-annually in electronic form as a joint publication of the Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania). BJLP provides a platform for the publication of scientific research in the fields of law and politics, with a particular emphasis on interdisciplinary research that cuts across these traditional categories. Topics may include, but are not limited to the Baltic Region; research into issues of comparative or general theoretical significance is also encouraged. BJLP is peer-reviewed and published in English.