Short delivery

In German sales law, a short delivery means the delivery of a smaller quantity than agreed between the contracting parties in the sales contract.

It is a defect because the delivery quantity does not correspond to the contractually agreed quantity. In Germany, since the reform of the law of obligations of January 2002, defective deliveries have been treated as material defects ( Section 434 (3 ) BGB ).

A distinction must be made between defective deliveries and partial deliveries in accordance with Section 266 , Section 281 Paragraph 1 Clause 2 of the German Civil Code. This is often also referred to as an "open deficiency delivery". In this case, the debtor and the creditor are aware that only part of the amount owed will be delivered, while in the case of the (hidden) defective delivery, in order to fully meet the obligation under Section 433 (1) BGB.

Web links

Thomas Rüfner : Performance disruptions when purchasing (1) University of Trier , lecture November 5, 2013

Individual evidence

↑ Helmut Rüßmann : The Aliud and Deficiency Delivery (§ 434 Paragraph 3 BGB) University of Saarbrücken , 2005
↑ Götz Schulze, Wrong delivery when buying species - inadequacy of the law? , in: NJW 2003, 1022; Hans-Joachim Musielak , The wrong delivery when buying pieces according to the new law of obligations , in: NJW 2003, 89; Andreas Thier , Aliud and minus deliveries in the new sales law , in: AcP 2003, 425 ff.

[1] Helmut Rüßmann : The Aliud and Deficiency Delivery (§ 434 Paragraph 3 BGB) University of Saarbrücken , 2005

[2] Götz Schulze, Wrong delivery when buying species - inadequacy of the law? , in: NJW 2003, 1022; Hans-Joachim Musielak , The wrong delivery when buying pieces according to the new law of obligations , in: NJW 2003, 89; Andreas Thier , Aliud and minus deliveries in the new sales law , in: AcP 2003, 425 ff.