Absolute firm deal

An example of an absolutely firm deal: ordering the bridal bouquet.

An absolute fixed date or Fixtermingeschäft (also improper firm deal called) is a term used in contract law .

term

An absolute fixed date is when it is clear from the circumstances that a performance at a later than the agreed time for the creditors is completely pointless. Simply agreeing a fixed performance time is not enough. Otherwise every contract with a specific performance period would be a firm deal. In addition to determining the time, it is necessary that compliance with the performance time is so essential for the obligee that a late performance can no longer represent fulfillment .

The classic example of such legal transactions is the delivery of the bridal bouquet , which is pointless after the wedding ; or the New Year's fireworks .

Significance of the time of performance

Compliance with the performance time is therefore decisive for the fulfillment of the contract, because, based on the express agreement of the parties or the circumstances resulting from the parties' interests, the debtor can only perform at a specific point in time or within a narrowly limited period. If the parties have not expressly stated in their agreement that the contract should stand or fall with compliance or non-compliance with the delivery time, it must be determined by interpretation whether the parties wanted to attach this importance to the delivery time; any doubt about such an agreement excludes the acceptance of a firm deal.

The absolute firm deal is expressly regulated neither in the BGB nor in the HGB . There is no need to set a deadline for performance ( Section 281 (1) sentence 1, Section 323 (1) BGB); it would be pointless, since the service cannot be made up for (Sections 283, 326 (5) BGB).

With regard to the interests of the parties, caution is advised when accepting an absolutely firm deal, since they are often more interested in the execution of the contract, even if it is delayed, than in its liquidation due to the impossibility of performance. Absolutely fixed deals are therefore extremely rare.

Further examples

Order a taxi at a fixed time to catch a train or plane. If the taxi arrives at a time at which the destination can no longer be reached in time under any circumstances, the creditor can obviously no longer do anything with this service of the taxi driver, so that it has become pointless and therefore impossible for him.
Performance by an artist at a specific event
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