Verabsolutierte Relativität, Die Rechtsstellung des Dritten im Umfeld von Verträgen (Absolute Relativity, The Legal Position of Third Parties in the Context of Contracts)
ExpertiseCommercial and Contracts
According to the prevailing view, contracts entitle and encumber solely the contracting parties. However, the defective performance of an agreement, such as the issuance of an incorrect legal or another opinion, often affects third parties.
This book analyzes the relevant doctrine and legal cases from the US, Germany and Switzerland. It evaluates the relevancy of a close relationship between plaintiff and defendant which exists prior to the damage caused. Further, the book discusses whether third parties interfering with contractual relationships may become liable, which is usually not the case under the current Swiss or German law.
Assuming that agreements and contractual rights have positive and negative effects on third parties by protecting such third parties or imposing duties upon them, a third party may raise liability claims based on the agreement or be obliged to respect the contractual rights of the parties. This means that agreements and contractual rights can no longer be considered as "relative", i.e., limited to the contracting parties. Rather to some extent agreements or contractual rights are "absolute", similar to "rights in rem".
1st edition (approved as postdoctoral thesis (Habilitation) of the University of Zurich), 2009, 780 pages, hard cover, CHF 168, ISBN/ISSN 978-3-7255-5869-8, Schulthess Verlag, Zurich/Basel/Geneva. In German.
Commentaire des articles 683 ss du Code des obligations
in: Nobel/Müller (eds), Berner Kommentar, Das Aktienrecht/Kommentar der ersten Stunde, Berne 2023