The “social contact” in the German legal order

Abstract

In Germany, the contractual liability is
more embracing than non-contractual liability, in
indemnify damages, legitimacy and burden of proof
terms. The most favorable rules for damage victim
in contractual liability biased the development of
theories to justify the enlargements of those possibility, among which identify the social contact
theory. This theory developed from the “implied
contract”, created by Günter Haupt in 1941, which
envolves the culpa in contrahendo. Posteriorly, the
implied contracts and the social contact cases was
differentiated by Hans Dölle, which was criticized