독일법상의 전문가 책임 : 변호사를 중심으로

다국어 초록 (Multilingual Abstract)

The Study of a Professional Liability in German Law-Focusing on lawyers-

Cho, Eun-Rae

A professional is a person who is very skilled at doing something or who knows a lot about a particular subject. The nature of professional responsibility is diverse and complex, respectively. The duties of a lawyer in Germany are the legal advice and representation in accordance with law practices. The agreement between the lawyer and the client is classified as type of employment contract. In addition the client can ask lawyers to draw up a contract and appraise. In this case, the contracts for work is applied.
Regulations should be considered with respect to a lawyer the responsibility is an employment contract, a contract for work, the application of delegation contract, tort, and so on. The lawyer responsibilities as an expert based on employment, the transaction of business and an informant. Because most of the experts are left in charge of the business from client, their responsibility is to be handled in accordance with the contract for the transaction of business.
If manager of affairs is a professional, he has wide discretion in order to protect the interests of the parties. But the opinion and the interests of the parties which professionals can not own should be respected. The informant liability is also treated as professionals responsibility. And the simple advice and recommendations of experts does not cause legal liability except in the case of contract or tort responsibility.
The confidential relationship and the trust in the profession itself between professionals and client is very important in an expert responsibility.

Key words : an expert responsibility, lawyers professional responsibility, manager of affairs, the contract for the transaction of business, delegation contract, informant

목차 (Table of Contents)

• Ⅰ. 들어가며
• Ⅱ. 책임의 교착
• Ⅲ. 사무처리자의 책임
• Ⅳ. 정보제공자의 책임
• Ⅴ. 나가며