Erfüllungsgehilfe

Erfüllungsgehilfe is a legal term primarily used in German civil law. It refers to a person whom a debtor uses to fulfill their contractual obligations towards a creditor. This concept is crucial when understanding liability for damages arising from the performance of a contract. The debtor remains responsible for the actions of their Erfüllungsgehilfe, even if the helper acted negligently or intentionally.

The liability of the debtor for the actions of the Erfüllungsgehilfe is established in Section 278 of the German Civil Code (BGB). This section states that a debtor is responsible for the fault of their legal representatives and the persons whom they employ to perform an obligation, to the same extent as they are responsible for their own fault. This means the creditor can claim damages from the debtor as if the debtor themselves had caused the harm.

An Erfüllungsgehilfe is distinct from an auxiliary person (Hilfsperson) whose involvement is not essential for the performance of the main contractual duty. The key characteristic of an Erfüllungsgehilfe is that they are involved in the direct performance of the debtor's contractual obligation. Examples include a delivery driver hired by a seller to transport goods to a buyer, or an employee of a service provider who carries out the contracted service. The debtor chooses and controls the Erfüllungsgehilfe, and the helper acts within the scope of the debtor's contractual duty.