The Protective Purpose of the Contract and the Liability of an Expert Towards a Third Party in Czech, Austrian, and German Private Law

Result code in IS VaVaI
<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F62156489%3A43110%2F19%3A43917624" target="_blank" >RIV/62156489:43110/19:43917624 - isvavai.cz</a>
Result on the web
<a href="https://doi.org/10.2478/bjlp-2019-0016" target="_blank" >https://doi.org/10.2478/bjlp-2019-0016</a>
DOI - Digital Object Identifier
<a href="http://dx.doi.org/10.2478/bjlp-2019-0016" target="_blank" >10.2478/bjlp-2019-0016</a>

Result language
angličtina
Original language name
The Protective Purpose of the Contract and the Liability of an Expert Towards a Third Party in Czech, Austrian, and German Private Law
Original language description
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.
Czech name
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Czech description
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Type
J<sub>SC</sub> - Article in a specialist periodical, which is included in the SCOPUS database
CEP classification
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OECD FORD branch
50501 - Law

Project
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Continuities
I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Publication year
2019
Confidentiality
S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

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