Successive supply contract
The general prohibition of partial performance by the debtor in accordance withGerman Civil Code (BGB) is repealed in the case of the successive delivery contract.
Real and fake successive delivery contract
There are two types of successive supply contracts:
Real successive delivery contract
The real successive delivery contract , also called installment delivery contract , is not a real permanent obligation , but only a stretched sales contract in which the amount owed is fixed from the beginning, but no constant readiness for delivery is required.
- Examples : Lexicon in 5 volumes, Süddeutsche Zeitung Library ("50 great novels of the 20th century" every week), subscription contracts if it is determined from the start how much is owed, telephone connection with a fixed contract period and flat rate for all telephone calls (unlimited flat rate ) .
The installment supply contract can not be terminated in principle, but the customer can under certain conditions with effect for the future the resignation explain.
Fake successive delivery contract
The spurious multiple delivery contract also supply contract or permanent contract is usually closed indefinitely; a certain delivery quantity is not agreed, but depends on the variable needs of the obligee.
- Examples : supply contracts such as water, electricity, but also beer supply contracts . Telephone connection with a fixed contract term and billing based on the volume of calls (i.e. without a flat rate ).
The long-term supply contract can be regularly terminated as a real long-term obligation in accordance with § BGB with a reasonable period of notice, according to BGB extraordinary.,