Vertragliche Drittschadensliquidation

If a debtor breaches a contract, they are generally only liable for the damage that occurs to the creditor's assets. This principle can lead to a protection deficit if a third party is harmed instead of the creditor, because the creditor entered into the contract on behalf of the third party. In this case, if both the creditor (due to lack of damage) and the third party (due to lack of participation in the contract) are denied a contractual claim against the debtor, the debtor often does not have to compensate for the damage caused. This protection deficit can be remedied by allowing the creditor to assert the third-party damage against the debtor in the contractual relationship. This paper addresses the scope of this contractual third-party damage liquidation as well as the substantive and procedural legal questions that arise in practice during its implementation.