변호사의 의뢰인 아닌 제3자와의 관계

Abstract

In general, the lawyer's job if there are any damages to others due to an act of delegation contract relations in the default liability, or when it comes to the clients, a lawyer.Tort liability in principle, but not liability is about a third party that does not in the contractual relationship. At this point, a lawyer there is no direct contractual relationship with illegal third party establishment will not even meet the requirements of the blame if the remedy of damages from a lawyer.I can't be problems. To redress the harm on third parties other than the lawyer's client, studies have been conducted. In Germany, the first third-party contract to protect the responsibilities, responsibilities, as a trust to third parties provide information on the theory, such as the responsibility of the lawyers say a word, a public responsibility.to exist Secondly, in the United States, balancing test theory, and criteria similar to the Parties to the relationship has been suggested, such as theory. In the third with our legal system similar to Japan, for assuming responsibility for illegal act of unjust law suits, improper enforcement, and the defamation and false trial, etc. Demanding high degree of care obligations for a lawyer. This has protected status extension of the Parties to the third party. Germany's third-party contract to protect the responsibility is to third party without a contract with a lawyer to widen the scope of the Parties to the premises of the discussion that you can see. This is to consist of responsibility would be appropriate for illegal acts, basically. And a lawyer to divulge information accidentally hit a third party to any third party if appropriately limit the scale is needed. And in Japan's responsibility theory is responsible for the third party types of illegal acts that occur commonly in a lawsuit in case. An unjust action is a lawyer's lawsuit is wrong, unfair enforcement of an attorney in, and require the satisfaction of the requirements of creditor claims did not exist.Aware of the fact or only accepted the blame lies that were available. A matter of a libel lawsuit in freedom and personal rights from the protection of personal rights of individuals is protected. As such, overwhelming the client contracts now in a range of responsibility for a lawyer and there is no contract with a lawyer to third parties constitute the circle will widen.There is a tendency toward go. An attorney represents his client due to this duty of care for the third parties, not to neglect that can not be placed on the situation. Therefore, a lawyer for the client, a lawyer handles the office in collision with a third party protection of the problem is emerging in another conflict in his determination to a lawyer in recent years.As both sides of the appropriate range settings for the balance of interests between the need for also required.