Violazione dell’obbligo e protezione dei terzi

The contribution outlines the jurisprudential development in Italy of the figure of the contract with protective effects vis-à-vis third parties in the light of the figure of Vertrag mit Schutzwirkung für Dritte initially elaborated in Germany by scholars and courts. The analysis highlights the fact that the jurisprudential figure of the contract with protective effects towards third parties in the Italian system has found a more limited scope of application than in the German one, consistently with the wider structure of tort liability.