Breach of contract in German law
The German way of dealing with the problem of breach of contract, particularly the attempt to categorize the various forms of breach of contract, has not attracted much favourable comment.[4189] It is widely regarded today as one of the most unfortunate features of the German law of obligations.
Breach of contract and ("extinctive") prescription have been earmarked as the two areas where fundamental reforms are necessary.[4190] It is not surprising that the draft proposals, commissioned by the Minister of Justice, abandon the distinction between impossibility, default and delay of performance and adopt, instead, a unitary concept of breach of contract.[4191] Mommsen's scheme, as endorsed by the BGB, strangely resembles the regime applied in Roman law to certum dare obligations. It is still the old idea of a perpetuatio obligationis in case of mora debitoris and of culpable supervening impossibility that lurks behind the scenes.[4192] In a way, therefore, German legal science is, once again, about to take the step from a scheme determined by a somewhat outdated conceptual rigour to a pattern of thinking moulded upon, and more suitable to, the traditions of the bonae fidei iudicia.7.
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- Breach of Contract
- Breach of Contract
- I. BREACH OF CONTRACT IN GENERAL
- RESCISSION AS A REMEDY FOR BREACH OF CONTRACT
- IMPOSSIBILITY OF PERFORMANCE AND BREACH OF CONTRACT
- Breach of contract under the ins commune
- QUOD INTEREST, DAMAGES AND BREACH OF CONTRACT
- 1. Mora creditoris, mora debitoris and breach of contract
- 1. German law
- German law and the English common law
- There are different ways or organising a law of contract. That is as much as to say that there are different ways of responding to the central tasks which contract has to perform.
- Roman-Dutch law; modern German law