Doctrine of the primacy of the performance relationship
The doctrine of the primacy of the power relationship (falsely often referred to as "Priority Power kondiktion ") is a lesson in the law of unjust enrichment . It states that in a three-person relationship under enrichment law, a direct condition from non-performance conditions against the enriched is in principle not possible. The enrichment is primarily to be carried out along the service chain ("across the triangle "). According to this theory, a non- performance condition is in principle only possible if the object has not been given to the enriched person by performance or, in accordance with the express legal exceptions ( Section 816, Paragraph 1, Clause 2 and Section 822 of the German Civil Code ) was given to him free of charge. This solution of multi-person relationships under enrichment law is also known as the subsidiarity model.
