Abstract: This article highlights some distinct features of the German rules on the liability of court-appointed experts. It lays out the origins, developments and discussions of German practice and literature in this area resulting in the enactment of the statutory rule on the liability of court appointed experts in section 839a BGB as an action in tort. Further requirements of such liability, including the standard of care expected from the expert and the limits of possible compensation for losses caused by an erroneous opinion are discussed.
European Review of Private Law