Rücksichtnahmepflichten und Haftung für deren Verletzung im chinesischen und deutschen Recht

This German–Chinese comparative legal analysis discusses the duties of care known in both countries’ legal systems. Their long-standing recognition in Germany is largely based on deficiencies in German tort law, for example in the field of assistants’ liability. The regulation of the duties of care in Chinese contract law represents a reception of the equivalent German law, but Chinese tort law is in many ways designed differently than German tort law; in particular, it contains a general clause. The first part of this study discusses the duties of care and the penalty for breaching them in China. In the second part, a corresponding analysis is conducted for German law, before the third part compares Chinese and German liability law systematically with regard to duties of care.