Place of success (law of obligations)
In the law of obligations, the place of success denotes the place where the success of an owed service occurs. He is to be distinguished from the place of performance (also of performance called) on which the power of action is to be made, and the tort of effect .
In the statutory rule of debt collection ( § 269 BGB) the place of success as well as the place of performance lie with the debtor ; in the case of the legally not regulated obligation to deliver , both places lie with the obligee . Only in the case of dispatch guilt ( § 270 , § 447 BGB) do the two places fall apart, then the place of performance lies with the debtor, but the place of success with the obligee.
In individual cases , the provision has significance for the transfer of risk , the question of whether a claim has been fulfilled and the place of jurisdiction. For disputes arising from a contractual relationship, there is usually a special place of jurisdiction at the place of performance / fulfillment ( Section 29 (1) ZPO).
