Dissertation/Thesis Abstract

Haftung für Erfüllungsgehilfen nach deutschem und chinesischem Recht
by Hu, Jian, Ph.D., Humboldt Universitaet zu Berlin (Germany), 2019, 342; 27732201
Abstract (Summary)

This comparative work focuses on the liability of the debtor for persons whom he uses to perform his obligation (as “vicarious agents”). The fact that Art. 278 of the German Civil Code (GCC) does not have a corresponding term in the Chinese law leads to wonder how and with which term Chinese courts deal with the cases that regularly connected with the keyword "vicarious agent" in German law. On the part of German law, the basic ideas and the historical origin of Art. 278 GCC that leads to fruitful knowledge gain both in academic research and in the practical application must be taken into account. Despite the complexity of individual questions, a detailed discussion of the prerequisites for the responsibility of the obligor for third parties also constitutes a particularly interesting subject of this work. For a comparative legal scholar from China, the significance of such a detailed examination is especially evident in providing instructive benchmarks for the research of Chinese parallel regulations. With Article 121 of Chinese Contract Law (CCL), which at least has some similarities with regard to the responsibility for the wrongdoing of those others, the Chinese courts can reach comparable solutions in some case constellations. However, a rigid understanding of Article 121 CCL or the neglecting of his basic concepts entails the risk of unlimited liability of the debtor. In addition, Chinese collectivistic values play a significant role in terms of fault attribution. Relying on such an abstract and often elusive concept is however debatable. To rectify the existing legal omission due to Article 121 CCL and ensure the flexibilization of the application of law is applying Article 65 CCL and Article 43 of General Principles of the Chinese Civil Law necessary.

Indexing (document details)
Advisor: Singer, Reinhard, Raiser, Thomas
School: Humboldt Universitaet zu Berlin (Germany)
School Location: Germany
Source: DAI-C 81/7(E), Dissertation Abstracts International
Subjects: Law, International law
Keywords: Liability, Vicarious agents, German law, Chinese law
Publication Number: 27732201
ISBN: 9781392445402
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