Obligation

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Bring guilt is a legal concept in the law of obligations and means that performance and Erfolgsort of living or place of business of the creditor is. That is where the debtor has to come to fulfill his debt .

General

The law shall make rules that deal with the question of where and how the debtor to it incumbent power has to be provided. Unless otherwise agreed, the debtor's services are to be provided from all debt relationships at the debtor's place of residence or business ( Section 269  (1)  BGB ); the obligee must therefore "get" the performance from the debtor. There are contractual (particularly purchase agreement , loan agreement ), legal ( unjust enrichment ) and quite similar to business ( culpa in contrahendo ) obligations, which are delivered, occur. The obligation to deliver, on the other hand, is unfavorable for the debtor, since he has to bear the risk of performance and price risk even during the transport to the obligee and the risk does not pass until the obligee.

Purchase contract

The mutual delivery debts should be explained using the example of the sales contract. Buyer contract, the seller must give the buyer the goods are free of factual and legal defects to pass and his property (to gain § 433  1 para. BGB), the buyer must accept the goods and the seller the purchase price to transfer ownership ( § 433  para. 2 BGB).

Both contractual partners are debtors, namely the seller owes the delivery of the goods, the buyer owes the purchase price payment. With regard to the obligation to deliver, this means that, particularly in the case of high-value consumer goods in the retail trade, which the buyer does not remove himself and which both transport and installation require expertise, the delivery of goods is regularly an obligation to deliver. Then the supplier bears the transport risk to the buyer. However, if it is agreed that the seller only pays the shipping costs or the buyer is to be the "self-picker", then the delivery becomes the debtor to collect (§ § 269  Paragraph 3, § 447  Paragraph 1 BGB; see price risk ) and the goods arrive Buyer's risk. The buyer has an obligation to provide the purchase price to be paid, which usually consists of monetary debts.

Monetary debt

Until now, the prevailing view in literature and case law has been that, according to Section 270,  Paragraphs 1 and 4, Section 269 of the  German Civil Code, the monetary debt is a modified dispatch debt that must be paid at the debtor's seat and where he only bears the risk of loss. The buyer only had to bear the risk of transferring the money, not the risk of delay (e.g. in the case of a bank transfer ). Due to European law requirements in the Payment Default Directive - which according to No. 13 only applies to business transactions between companies - according to the meanwhile prevailing opinion , financial debts are to be treated as modified delivery debts , with the result that the place of performance and the place of success coincide at the seller's headquarters. According to a ruling by the European Court of Justice in April 2008, the buyer only made a timely payment if the seller actually received the amount by crediting the account within the payment period. Delays in processing the transfer order by the banks, which the buyer did not have to expect, can rule out his fault. The buyer must ensure that he not only submits his bank transfer to his account-holding bank in good time, but that the amount of money is also credited to the seller on the due date at the latest. Therefore, Section 270  (4) of the German Civil Code (BGB) is now only understood as a provision regarding the place of jurisdiction , so that this is the buyer's place of residence according to Section 29 of the German  Code of Civil Procedure . Since the judgment of the European Court of Justice does not apply either if one of the parties involved is a private person, it remains to be seen how the case law will develop here with regard to consumers as parties involved.

Practical consequences arise above all for the question of how long the debtor is in default of payment and who has to pay for any damage caused by default.

Information management

In corporate information management , the term ' obligation to deliver' has been adopted from the law and means that a person is obliged to pass on relevant information that has become known to them in a timely and comprehensive manner and in a suitable form horizontally (employees of the same rank) and / or vertically (supervisors) within the framework of conveying information, so that they can make the right decisions . These debt obligations exist at all levels of the hierarchy. In this context, there is also talk of reporting levels at which a responsible person has a reporting obligation to a higher-level responsible person. Conversely, supervisors also have the duty to pass on information that they have come to know - provided it is not secret - to employees.

See also

Moral debt

Web links

Wiktionary: Bringschuld  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ Wolfgang Fickentscher / Andreas Heinemann, Schuldrecht , 2006, p. 147
  2. ↑ BGHZ 44, 179
  3. ↑ BGH NJW 1964, 499
  4. ↑ Directive 2000/35 / EC of the European Parliament and of the Council of June 29, 2000 to combat late payment in commercial transactions . In: Official Journal. L 200, p. 35.
  5. ↑ a b ECJ, judgment of April 3, 2008, Az .: C-306/06 = NJW 2008, 1935
  6. ↑ so now Palandt, BGB, 2010, § 270 no. 1; Staudinger, comment on the judgment of the ECJ, DNotZ 2009, 198
  7. ↑ cf. only the presentation of the dispute with Martin Schwab, financial debts as bringing debts? , NJW 39/2011, 2833 (as a result, the author denies the view that money debts are to be regarded as bringing debts. In his view, the qualified sending debt remains.)
  8. ↑ Gerhard Hunnius: Internal information and communication . 2000, p. 11 .