Peius
Peius is the Latin expression for something worse, less [of several], derived from the irregular increase in the adjective malus (= bad).
In jurisprudence , the term is used to delimit a claim goal or to classify norms and rule areas, which, however, is not regulated by law.
Peius (also: poor quality performance) is a term of warranty law and describes the fact that the item delivered by the seller is the correct one, but was defective at the time of the transfer of risk . If the seller delivers a payment, the buyer is entitled to the warranty rights of § 434 I, § 437 ff. BGB . A distinction must be made between the Peius and the Minus and the Aliud . Minus (also: deficiency or quantitative poor performance) describes the fact that the item delivered by the seller is the correct one, but was in too small a quantity at the time of the transfer of risk. Aliud that the item delivered by the seller is the wrong one.
Since the modernization of the law of obligations in 2002 , § 434 III BGB has legally equated minus and alud deliveries in sales law with peius deliveries.
