Vertragliche Drittschadensliquidation

If a debtor breaches a contract, he must in principle only compensate for the damage that occurs to the creditor's assets. This principle may lead to a protection deficit if a third party is harmed instead of the creditor, e.g. because the creditor concluded the contract for the account of the third party. If in this case both the creditor (for lack of damage) and the third party (for lack of participation in the contract) are denied a contractual claim against the debtor, the latter often does not have to compensate for the damage caused. This protection deficit can be remedied by allowing the creditor to claim the third party damage against the debtor in the contractual relationship. This paper deals with the scope of this contractual third party damage liquidation as well as the substantive and procedural issues that arise in its implementation in practice.