Inventory debt
Storage debt is a term from the law of obligations . It is a special expression of the generic debt in the context of an obligation relating to a thing. According to the will of the contractual parties, the debt is limited to items of the same type in the debtor's stock. A frequent application of the limitation of the generic debt to the debtor's stock is his own production. Impossibility occurs when production becomes impracticable. Reductions in the stock, from which a majority of creditors are owed, leads to a proportional reduction in the individual claims. In addition, what has been said about the generic guilt applies .
Example: If K and V have concluded a purchase contract for a certain computer model and the contract contains the agreement that the performance of the seller V is only to be made from the stock of devices of this model held by V, then V is canceled due to impossibility according to § 275 para. 1 BGB free from the obligation to perform if the entire supply is destroyed in a fire. If, on the other hand, a generic debt has been agreed, V would have to continue to pay provided that other computer models of this type are available on the market (see also transfer of risk ).
Individual evidence
- ^ Dieter Medicus : Civil law. A presentation for exam preparation, arranged according to the requirements. Heymanns, Cologne 1968. 23rd, revised edition with Jens Petersen : Vahlen, Munich 2011, ISBN 978-3-8006-3908-3 . § 13, 2.
- ↑ Hans Brox , Wolf-Dietrich Walker : General law of obligations . 39th edition. CH Beck , Munich 2015, ISBN 978-3-406-64653-9 , pp. 87 .
