Ex contractu
Ex contractu ( German : from contract, contractually from Latin contractus , contract ) refers to claims that are based on a contractual basis.
In delimitation to ex contractu, there are dogmatically tortious claims for damages from tort (e.g. § 823 ff. BGB) or claims that are merely contract-like, for example from management without an order ( § 677 ff. BGB) or from culpa in contrahendo ( § 311 paragraph 2 , Section 280 (1), Section 241 (2 ) BGB ).
The most common use, however, is related to the performance compensation function of the contractual claim for damages . In English, the "action ex contractu" has also established itself as a "contractual action for damages".
See also
Individual evidence
- ^ Joseph Chitty: A practical treatise on pleading. And on the parties to actions, and the forms of actions. Volume 1. W. Clarke and Sons et al., London 1809, pp. 2 ff.
- ^ Herbert Broom: Commentaries on the Common Law. Designed as Introductory to Its Study. T. & JW Johnson, Philadelphia PA 1856 (Reprinted. Rothman, Littleton CO 1997, ISBN 0-8377-1987-9 ).
