Law of obligations (Germany)

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The law of obligations is the part of private law that regulates the obligations, i.e. deals with the right of a legal or natural person to demand performance from another person on the basis of a special legal relationship (see claim ). An essential feature of the law of obligations is that, in contrast to absolute rights , such as property , it acts as a relative right only between the persons involved.

History of origin

The law of obligations is the part of civil law that concerns the mutual rights and obligations between legal subjects . On January 1, 2002, the law of obligations underwent an extensive change due to the modernization of the law of obligations . The most important contents of the modernization of the law of obligations were the implementation of EC directives , the introduction of a uniform concept of breach of duty , the integration of certain legal institutions developed under judicial law and the reform of the statute of limitations .

Legal source

In Germany the law of obligations is predominantly regulated in the second book of the German Civil Code (BGB), i.e. in § 241 to § 853 BGB. Occasionally, however, there are also provisions under the law of obligations in other parts of the BGB. For example, in property law there is the obligation of the owner-owner relationship ( § 987 - § 1003 BGB) and in family law the obligation to maintain a family ( § 1360 BGB). Further supplementary regulations can be found in the general part of § 1 to § 240 BGB and in special laws such as the HGB , the VVG and the GWB .

General law of obligations, §§ 241–432 BGB

The § 241 to § 432 BGB regulate the general law of obligations. They contain the norms that generally apply to all contractual obligations and regulate their content, design and expiry in particular. Section 3 is an exception ( § 311 to § 361 BGB), which makes special rules for contractual obligations within the general law of obligations.

Concept of obligation

According to Section 241 (1) BGB, a debt relationship is a legal relationship that entitles a creditor to demand the fulfillment of a claim from his debtor . In principle, the parties can freely determine by contract how this requirement is constituted. You are therefore not bound by the types of contract regulated by law, such as purchase and rental . Rather, they can basically design any contractual obligations and thereby create new types of contracts . This is due to the principle of freedom of contract . For this reason, the law of obligations - unlike property law - is not subject to any statutory type constraints .

The contractual obligation provides the individual with legal means so that he is able to realize his interests on his own responsibility. Among other things, it is the basis for the exchange of goods in economic life. The most important design element here is the contract. Contracts in the law of obligations are usually "aimed at a change in the assignment of real goods". However, the contractually negotiated change itself is usually implemented using property law. Another function of the law of obligations is the protection of legal interests and rights of the individual against encroachment and fair compensation for damage incurred and unjustified shifting of assets. The latter functions are performed in particular through statutory obligations.

The law uses the concept of the debt relationship in different ways, which jurisprudence describes as a debt relationship in the broader and narrower sense. The former describes the entire legal relationship between the debtor and the creditor, such as a sales contract. The term of the obligation in the narrower sense, on the other hand, describes the individual claims that result from such a legal relationship, such as the buyer's claim against the seller for the transfer of ownership of the purchased item.

The legal system sets some limits on the principle of freedom of contract. For example, it is not permitted to enter into contracts that violate applicable law ( Section 134 BGB) or good morals ( Section 138 BGB). In some cases, the law of obligations also contains mandatory law over which the parties cannot or only to a limited extent dispose. This is important in tenancy law, for example, in which many provisions can only be waived in favor of, but not to the detriment of the tenant. In addition, there is an obligation to conclude a contract under certain circumstances. The law orders such an obligation to contract , for example, in the area of ​​services of general interest. For example, there is a compulsory contract for the supply of electricity, gas and water within the framework of the Energy Industry Act .

Creation of an obligation

Obligations can arise by virtue of a party agreement or statutory order. In the first variant, the parties establish obligations that are expressly agreed in a contract by virtue of their private, autonomous self-determination . For example, a sales contract is the basis of a purchase. On the other hand, there are legal obligations that arise not through party agreements, but through legal orders. Such an obligation is, for example, liability for harm to third parties, such as road traffic accidents, which is based on tort law .

Obligation to perform, § 241 BGB

(1) By virtue of the debt relationship, the obligee is entitled to demand performance from the debtor. The performance can also consist of an omission.

(2) According to its content, the contractual obligation can oblige each party to take into account the rights, legal interests and interests of the other party.

According to Section 241 (1) BGB, the focus of an obligation is the obligation to provide a service . In the case of a sales contract, the performance owed is, for example, the transfer of ownership of the purchased item to the buyer. This represents the central service that the seller must provide, which is why it is referred to as the main service obligation. In addition, the parties often agree on ancillary service obligations. These are obligations that promote the performance of the owed service. In the case of the sales contract, this is about the transfer of ownership of the item with suitable packaging. The differentiation between the two categories of duties in the old law of obligations was of great importance, since, for example, withdrawal was only possible if a main obligation was breached; the modernized law of obligations, on the other hand, treats both forms of duties largely in the same way.

In addition to the obligation to perform, there is an obligation for all parties to show mutual consideration in an obligation pursuant to Section 241 (2) BGB. This obliges the parties to respect the rights, legal interests and interests of the other parties. Due to the open wording of Section 241, Paragraph 2 of the German Civil Code, its scope largely depends on the individual case. In the case of a purchase, the standard can, for example, oblige a seller to inform the buyer of possible dangers that emanate from the purchased item.

The principle of good faith, § 242 BGB

The debtor is obliged to effect the performance as required in good faith with due regard to custom.

The principle of good faith standardized in Section 242 of the German Civil Code (BGB) is rooted in Roman law and obliges the parties to a contractual relationship to perform their services as is generally required. This general clause is intended to prevent improper conduct in business dealings. This objective was concretized in law through the formation of case groups. Such is, for example, contradicting behavior . This includes, for example, when a buyer invokes consumer protection law after he has presented himself to the seller as an entrepreneur because he offers commercial buyers a discount. Another group of cases are forfeiture . Anyone who prevents access to letters to himself is also acting in breach of trust . In such a case, § 242 BGB has the effect that the letter is deemed to have been received.

In addition, § 242 BGB serves to specify and supplement the contractual obligations. If the parties leave room for room for interpretation in their agreement, the contractual obligation is interpreted with due regard to the principle of good faith.

Modalities of service provision

Third party performance

For certain obligations, the law stipulates that the debtor must perform in person in case of doubt. According to Section 613 of the German Civil Code (BGB), this applies to the service contract , as the performance of the service by the debtor is usually a contractual basis for the parties. If this is missing, the debtor is not required to pay in person. Rather, according to § 267 paragraph 1 BGB, third parties can provide the service owed. In such a case, the obligee may only refuse the performance of the third party according to § 267 paragraph 2 BGB if the debtor objects to this performance.

Section 268 (1) of the German Civil Code (BGB) explicitly grants third parties the right to pay third-party debt if they have a particular interest in satisfying the obligee. As such an interest, the standard names the risk of losing a right or possession of a thing of the debtor through foreclosure.

Time and place of performance

Place of performance and success

The place of performance is the place where the debtor undertakes the act to fulfill his obligation arising from the debt relationship. In contrast, the place of success is the place where the owed success of the service occurs. In the case of a sales contract, for example, the place of performance is the place where the seller hands over the goods to the buyer or gives them up for shipment. The place of success, on the other hand, is where the buyer receives the item.

For the determination of the place of performance and success, Section 269 (1) of the German Civil Code (BGB) stipulates that the agreements between the contracting parties are of primary importance. If there is no such agreement, the locations will be determined by interpreting the contractual relationship, whereby its nature and the general public opinion are of decisive importance. By virtue of the nature of the contractual obligation, a building contractor, for example, carries out the owed service acts where the construction site is located.

If there are no sufficiently clear indications for such an interpretation, the place of performance is ultimately, in accordance with Section 269 (1) of the German Civil Code, in case of doubt the debtor's domicile.

Importance of determining the place of performance and success

The place of performance and the place of success is important for the contractual risk distribution: If the subject of the contract suffers damage before the owed success has occurred, the obligee can have a claim against the debtor to obtain a new subject that is capable of performance.

This requires that the debtor is a genus of guilt had to be provided. Such is the case if the parties have only determined the subject of performance according to general generic characteristics, such as weight, shape or equipment. However, if the debtor of such a generic debt has done everything necessary to fulfill his obligation from the debt relationship, the debt relationship is limited to the specific thing that was intended to be fulfilled. If there is such a specification , the obligee bears the risk that the subject of the performance will go under. In return, he can be released from his own performance obligation, but he cannot demand that the debtor provide a new subject of performance that is capable of performance.

If the place of performance and success lies with the debtor, he is obliged to provide the obligee with the object of performance and to inform him that the object of performance is ready for him. This is known as the debt to collect . If, on the other hand, both places are with the creditor, there is an obligation to deliver . This obliges the debtor to bring the object of performance to the debtor. After all, the place of performance can be with the debtor, but the place of success with the obligee. In this case one speaks of a blame for sending . It obliges the debtor to send the object of performance to the obligee.

The question of the place of performance and the place of success is also important for the existence of default by the debtor . This can occur if the debtor does not perform the owed performance at the place of performance in good time.

Peculiarities of monetary debt

An exception to the general risk distribution in the obligation relationship makes § 270 BGB in the event that the owed performance is a monetary payment: Here the place of performance is basically also with the debtor, but he bears the costs and the risk of the transfer to the Creditor. Therefore, there is no concretization of the monetary debt on the amount sent if the debtor has given the money on the way. If this is lost during its transmission to the debtor, the debtor must therefore pay again. This risk situation of the debtor corresponds to that of an obligation to provide. Since § 270 BGB makes no statement about the place of performance, the monetary debt is predominantly viewed in jurisprudence as a special form of dispatch debt .

General terms and conditions law, §§ 305-310 BGB

According to Section 305 (1) BGB, general terms and conditions (GTC) are pre-formulated contractual conditions intended for a large number of contracts, which the party using the contract should design the content of the contract with less effort. However, terms and conditions deprive the other side of the room to negotiate, as their user is often not prepared to negotiate the content of terms and conditions. In addition, extensive general terms and conditions carry the risk that the other side will enter into particularly disadvantageous agreements unnoticed. In order to compensate for these risks, the BGB imposes restrictions on the use of general terms and conditions. For example, according to Section 309 number 7 BGB, no full disclaimer of liability can be agreed in terms and conditions. Furthermore, according to Section 305c (1) BGB , the general terms and conditions must not contain any clauses that the other party could not reasonably expect.

Lapse of obligations, §§ 362–397 BGB

Fulfillment, §§ 362–371 BGB

In accordance with Section 362 (1) of the German Civil Code (BGB), an obligation expires when the performance owed to the obligee is effected. This occurs when the owed performance success occurs. In the context of a sales contract, for example, the purchased item must be handed over to the buyer and assigned. If this success occurs, the debtor is released from his obligation to perform.

If the debtor offers the obligee a different service than the contractually owed service, this can also lead to the exemption of the debtor from his obligation to perform according to Section 364 (1) BGB. The prerequisite for this is that the obligee accepts this performance. Such a performance in lieu of fulfillment is, for example, usually given when an old car is part-paid in the context of a new car purchase.

However, the obligee can also accept a performance other than the one owed on account of performance . This does not invalidate his entitlement to the performance of the originally owed service. However, he agrees with the debtor that he will try to satisfy his performance request primarily with the object provided on account of performance; the claim to the performance of the owed service should therefore only be asserted on a subsidiary basis.

Further reasons for expiry, §§ 372–397 BGB

In addition, an obligation can expire by depositing the object of performance with a public body. According to § 372 sentence 1 BGB, this comes into consideration if the object of performance is money, a certificate or a valuable item, i.e. an object whose storage does not require a great deal of effort.

Unless the parties to similar services to each other, they can these claims even after § 389 by way of BGB -off charge each other. This is of great importance in the case of mutual monetary debts: If two parties owe each other money, it would be inconvenient if each party paid the other separately. Therefore, the law allows the two claims to be offset against each other, provided that they correspond. Another advantage of offsetting is that a creditor can enforce his claim with little effort.

Finally, the creditors can the debtor his debt issued or to him about a controversial demand compare . Furthermore, a claim expires when the debtor and the creditor become identical .

Right to disrupt performance

A performance disruption is when the owed performance is not provided at all or not provided in a manner that satisfies the obligee. This is known as failure or poor performance. It also constitutes a disruption in performance if the debtor delays his performance or the obligee accepts it with delay. Finally, an obligation can be disturbed by the fact that the fulfillment of a contractual obligation has become unreasonable.

The right to disrupt performance regulates the legal consequences of a disruption in performance. On the one hand, it deals with the fate of mutual performance obligations: In certain cases, a disruption in performance leads to performance obligations being extinguished. On the other hand, disruptions in performance can lead to secondary claims arising, for example, aimed at compensation.

The basics of the right to disrupt performance can be found in the general part of the law of obligations. These include, for example, the provisions on contractual compensation, withdrawal, default and the disruption of the business basis . The provisions of the special law of obligations are based on these general regulations, for example the warranty law, which is legally formed in several contractual obligations .

The focus of the right to disrupt performance is the breach of a contractual obligation . Such a breach of duty can be directly related to the performance owed. This is the case, for example, if the debtor does not perform at all or does not perform in the quality that he should have done. The second category of breach of duty is the breach of a duty of consideration within the meaning of Section 241 (2) of the German Civil Code (BGB).

Such service disruptions represent a breach of duty even if the debtor is not responsible for them. The liability of the debtor for the default is only important in certain cases, such as when making a claim for damages.

Special law of obligations, §§ 433–853 BGB

Legal relationships among the parties that trigger performance obligations take many different forms. The legislature has regulated certain typical obligations in § 433 to § 853 BGB. These are those norms of the law of obligations that are summarized as special law of obligations . According to the legal basis of their origin, the individual obligations are divided into "legal" and "legal" obligations:

  • Legal contractual obligations arise on the basis of a legal agreement between the parties. Since a contract is necessary in accordance with Section 305 of the German Civil Code (BGB ) ( e.g. a purchase or work contract ), this usually results in multilateral obligations. If the law expressly prescribes it, unilateral legal transactions ( claims , legacies ) are sufficient . Special features of the individual contract types were taken into account.
  • Statutory obligations arise because certain factual requirements are met - by virtue of the law. It does not depend on the parties' legal will. Examples are the illegal acts , the unjust enrichment , the GoA and the EBV .

The assignment of an obligation to a certain fact can cause difficulties in individual cases. As far as the historical legislator once comprehensively regulated the important contracts, some regulations on certain types of contracts, such as factoring or leasing , are now missing . In the case of legal contractual obligations, the content of the underlying declarations of intent must be determined so that it can be determined which services (within the meaning of § 241 BGB) the parties have undertaken. If the declarations for leasing correspond to the basic structure of the rental agreement , they can be assigned to this, even if the terms of the agreement are different. The assignment of legal obligations to a certain type of contract is made by subsumption .

Contractual obligations

Sale contracts

Sales agreements are, for example, the gift agreement , the exchange agreement and the purchase agreement .

Transfer of use contracts

Performance of services and production of works

Securing contracts

Statutory Obligations

Management without engagement, §§ 677–687 BGB

A management without an order (GoA) is when someone does business for another without being entitled to do so on the basis of an order or any other reason. The term business is to be understood broadly and includes any non-profit activity, for example the conclusion of a legal transaction . The regulations of the GoA aim to achieve an appropriate balance of interests between the person who does the business and the person for whom the business is done. The former is referred to as the managing director, the latter as the owner. The regulations of the GoA provide for claims for both parties.

In which cases which claims come into play, depends on the attitude of the parties towards the management. A distinction is made between the “real” and the “fake” GoA. The decisive difference between the two institutes lies in the will of the managing director. In a real GoA, the latter wants to act in a non-profit manner. In the case of a fake GoA, however, the managing director acts exclusively in his own interest. For both forms of the GoA, subcases are standardized, which differentiate according to the need to protect the managing director.

Unjust enrichment, §§ 812–822 BGB

The right to enrichment serves to reverse asset shifts that have taken place without a legal reason. A distinction is made here between enrichment through performance and enrichment in other ways. The former is the relevant legal basis, especially when reversing contractual obligations. The latter covers a large number of constellations, for example the interference with a foreign law or the use of a foreign object.

Tort law, §§ 823–853 BGB

Tort law deals with civil liability for tort. The legal starting point of tort law can be found in the BGB, where it is regulated as a legal obligation. The provisions of the Civil Code by numerous special laws, such as the supplemented Road Traffic Act (Road Traffic Act) and on a European directive attributable Product Liability Act (Liability Act).

Tort law primarily serves to compensate for damage caused by unauthorized acts. For this purpose, it contains numerous bases for claims that give the injured party the opportunity to claim compensation from the person who caused the damage. In addition, it aims to prevent acts of harm by threatening to pay damages. In contrast to the Anglo-American legal system , however, it does not have a criminal function. Therefore, the German tort law is basically alien to claims for damages that are intended to sanction the perpetrator .

literature

General law of obligations

  • Karl Larenz : Textbook of the law of obligations . Volume I - General Part . CH Beck, Munich 1987, ISBN 3-406-31997-1 .
  • Dirk Looschelders: Law of Obligations General Part . 13th edition. Verlag Franz Vahlen, Munich 2015, ISBN 978-3-8006-4974-7 .
  • Dieter Medicus, Stephan Lorenz: Law of Obligations I: General Part . 21st edition. CH Beck, Munich 2015, ISBN 978-3-406-66736-7 .

Special law of obligations

  • Karl Larenz: Textbook of the law of obligations . Volume II, Part 1 - Special Part 1 . CH Beck, Munich 1986, ISBN 3-406-09824-X .
  • Karl Larenz, Claus-Wilhelm Canaris: Textbook of the law of obligations . 13th edition. tape 2 . Half volume 2: special part . CH Beck, Munich 1993, ISBN 3-406-31484-8 .
  • Dirk Looschelders: Law of Obligations: Special Part . 11th edition. Verlag Franz Vahlen, Munich 2016, ISBN 978-3-8006-5144-3 .
  • Dieter Medicus: Legal obligations: tort and damage law, enrichment, management without a mandate . 5th edition. CH Beck, Munich 2007, ISBN 978-3-406-54445-3 .

Individual evidence

  1. ↑ Frank Weiler: Law of Obligations General Part . 3. Edition. Nomos, Baden-Baden 2016, ISBN 978-3-8487-2198-6 , § 1, marginal no. 1.
  2. ↑ a b Looschelders: Law of Obligations AT. 10th edition, 2012, para. 5-7.
  3. ↑ Peter Krebs: § 241 , Rn. 8. In: Barbara Dauner-Lieb, Werner Langen, Gerhard Ring (ed.): Nomos Commentary BGB: Law of Obligations . 3. Edition. Nomos Verlag, Baden-Baden 2016, ISBN 978-3-8487-1102-4 .
  4. ^ Gregor Bachmann: § 241 , Rn. 4. In: Wolfgang Krüger (Ed.): Munich Commentary on the Civil Code . 7th edition. tape 2: §§ 241-432 . CH Beck, Munich 2016, ISBN 978-3-406-66540-0 .
  5. ↑ Cf. BGH in NJW -Richterechtungsreport Zivilrecht (RR) 91, 409.
  6. ↑ Dieter Medicus, Stephan Lorenz: Law of Obligations I: General Part . 21st edition. CH Beck, Munich 2015, ISBN 978-3-406-66736-7 , Rn. 51-53.
  7. ↑ Dieter Medicus, Stephan Lorenz: Law of Obligations I: General Part . 21st edition. CH Beck, Munich 2015, ISBN 978-3-406-66736-7 , Rn. 109.
  8. ↑ Dieter Medicus, Stephan Lorenz: Law of Obligations I: General Part . 21st edition. CH Beck, Munich 2015, ISBN 978-3-406-66736-7 , Rn. 110.
  9. ↑ Dieter Medicus, Stephan Lorenz: Law of Obligations I: General Part . 21st edition. CH Beck, Munich 2015, ISBN 978-3-406-66736-7 , Rn. 128.
  10. ↑ Federal Court of Justice: VIII ZR 91/04 . In: NJW 2005, p. 1045.
  11. ↑ BGHZ 43, 292 , BGHZ 105, 298 , Federal Court of Justice: IVb ZR 709/80 . In: Neue Juristische Wochenschrift 1982, p. 1999.
  12. ↑ BGHZ 137, 205 .
  13. ↑ Wolfgang Krüger: § 269 , Rn. 1-2. In: Wolfgang Krüger (Ed.): Munich Commentary on the Civil Code . 7th edition. tape 2: §§ 241-432 . CH Beck, Munich 2016, ISBN 978-3-406-66540-0 .
  14. ↑ Martin Schwab: § 269 , Rn. 9. In: Barbara Dauner-Lieb, Werner Langen, Gerhard Ring (ed.): Nomos Commentary BGB: Law of Obligations . 3. Edition. Nomos Verlag, Baden-Baden 2016, ISBN 978-3-8487-1102-4 .
  15. ↑ Martin Schwab: § 269 , Rn. 33. In: Barbara Dauner-Lieb, Werner Langen, Gerhard Ring (ed.): Nomos Commentary BGB: Law of Obligations . 3. Edition. Nomos Verlag, Baden-Baden 2016, ISBN 978-3-8487-1102-4 .
  16. ↑ Peter Tettinger: § 243 , Rn. 3. In: Barbara Dauner-Lieb, Werner Langen, Gerhard Ring (ed.): Nomos Commentary BGB: Law of Obligations . 3. Edition. Nomos Verlag, Baden-Baden 2016, ISBN 978-3-8487-1102-4 .
  17. ↑ Dieter Medicus, Stephan Lorenz: Law of Obligations I: General Part . 21st edition. CH Beck, Munich 2015, ISBN 978-3-406-66736-7 , Rn. 123.
  18. ↑ Volker Emmerich: § 243, Rn. 30. In: Wolfgang Krüger (Ed.): Munich Commentary on the Civil Code . 7th edition. tape 2: §§ 241-432 . CH Beck, Munich 2016, ISBN 978-3-406-66540-0 .
  19. ↑ Peter Tettinger: § 243 , Rn. 20. In: Barbara Dauner-Lieb, Werner Langen, Gerhard Ring (ed.): Nomos Commentary BGB: Law of Obligations . 3. Edition. Nomos Verlag, Baden-Baden 2016, ISBN 978-3-8487-1102-4 .
  20. ↑ Peter Tettinger: § 243 , Rn. 22-24. In: Barbara Dauner-Lieb, Werner Langen, Gerhard Ring (ed.): Nomos Commentary BGB: Law of Obligations . 3. Edition. Nomos Verlag, Baden-Baden 2016, ISBN 978-3-8487-1102-4 .
  21. ↑ Martin Schwab: § 269 , Rn. 4. In: Barbara Dauner-Lieb, Werner Langen, Gerhard Ring (ed.): Nomos Commentary BGB: Law of Obligations . 3. Edition. Nomos Verlag, Baden-Baden 2016, ISBN 978-3-8487-1102-4 .
  22. ↑ Wolfgang Krüger: § 270 , Rn. 17. In: Wolfgang Krüger (Ed.): Munich Commentary on the Civil Code . 7th edition. tape 2: §§ 241-432 . CH Beck, Munich 2016, ISBN 978-3-406-66540-0 .
  23. ↑ Johannes Heyers: Legal nature of monetary debt and transfer - what consequences are to be drawn from the case law of the ECJ for national law? In: JuristenZeitung 2012, p. 398 (400).
  24. ↑ Frank Weiler: Law of Obligations General Part . 3. Edition. Nomos, Baden-Baden 2016, ISBN 978-3-8487-2198-6 , § 11, marginal no. 1.
  25. ↑ Federal Court of Justice: VIII ZR 157-97 . In: Neue Juristische Wochenschrift 1999, p. 210.
  26. ↑ BGHZ 87, 156 (162).
  27. ↑ Dirk Looschelders: The fulfillment - dogmatic foundations and current problems . In: Juristische Arbeitsblätter 2014, p. 161 (163).
  28. ↑ BGHZ 128, 111 (115).
  29. ↑ Dirk Looschelders: The fulfillment - dogmatic foundations and current problems . In: Juristische Arbeitsblätter 2014, p. 161 (165).
  30. ↑ Dieter Medicus, Stephan Lorenz: Law of Obligations I: General Part . 21st edition. CH Beck, Munich 2015, ISBN 978-3-406-66736-7 , Rn. 275.
  31. ↑ Dieter Medicus, Stephan Lorenz: Law of Obligations I: General Part . 21st edition. CH Beck, Munich 2015, ISBN 978-3-406-66736-7 , Rn. 283.
  32. ↑ Bernd Wermeckes: § 387 , Rn. 1-2. In: Barbara Dauner-Lieb, Werner Langen, Gerhard Ring (ed.): Nomos Commentary BGB: Law of Obligations . 3. Edition. Nomos Verlag, Baden-Baden 2016, ISBN 978-3-8487-1102-4 .
  33. ↑ Frank Weiler: Law of Obligations General Part . 3. Edition. Nomos, Baden-Baden 2016, ISBN 978-3-8487-2198-6 , § 19, marginal no. 1.
  34. ↑ a b Barbara Dauner-Lieb: § 280 , Rn. 1. In: Barbara Dauner-Lieb, Werner Langen, Gerhard Ring (ed.): Nomos Commentary BGB: Law of Obligations . 3. Edition. Nomos Verlag, Baden-Baden 2016, ISBN 978-3-8487-1102-4 .
  35. ↑ Frank Weiler: Law of Obligations General Part . 3. Edition. Nomos, Baden-Baden 2016, ISBN 978-3-8487-2198-6 , § 19, marginal no. 6th