Just-in-time contract

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A just-in-time agreement is an agreement on the time of performance and often also explicitly about the legal consequences of non-compliance. It comes from the corporate division and aims to save storage costs ( just-in-time production ) by delivering materials on time for immediate further processing .

The just-in-time agreement typically determines that the debtor the performance the creditor has to provide at a very specific point in time and that he otherwise without respite the creditor that payment of compensation is. It represents a sub-form of the fixed deal .

Such agreements are common, for example, when the creditor produces just-in-time . They are not expressly regulated as a type of contract in the BGB . However, your agreement is a possible expression of the general freedom of contract . If the debtor does not deliver on time, the obligee can demand compensation instead of performance ( § 280 , § 281 BGB ). Due to the agreed special importance of on-time delivery, the obligee does not have to set the debtor a grace period in order to be able to claim damages. There is a special circumstance within the meaning of Section 281, Paragraph 2, Case 2 of the German Civil Code (BGB) which justifies an immediate assertion of the claim for damages, e.g. if the creditor has obtained another expensive replacement, cannot realize a profit that is likely under the circumstances or is himself liable for damages becomes.

literature

  • Stefan Bernhard-Eckel: The just-in-time contract: a contract between exchange and society , University of Osnabrück, dissertation 1997, Baden-Baden: Nomos-Verlags-Gesellschaft, 1997, ISBN 3-7890-5066-0 .
  • Friedrich Graf von Westphalen , Carl-Otto Bauer: Just-in-time deliveries and quality assurance agreements , Cologne: Publishing Communication Forum Law, Economy, Taxes 1993, ISBN 3-8145-0264-7 .