Work success
The work contract characterizes the success-relatedness, cf. Section 631 (2) BGB. In this respect, one also speaks of a successful work .
term
When using the term, pay attention to the following:
One time the term is about whether success is promised at all. If so, then contract law applies and not service contract law, for example, in which the service provider receives his remuneration even if the "success" - for example, the healing by the doctor - has not occurred. Section 631 BGB contains an abstract description of the characteristics of a contract for work and services. The characteristics are used to determine whether the provisions on the contract for work (§§ 631 ff BGB) apply to a contractual agreement. For example, there is a work contract if the entrepreneur undertakes to manufacture something, cf. Section 631 (1) BGB. The service contract, on the other hand, is not success-related, but only activity-related. It must be determined in each individual case whether a successful work has been agreed.
The other time, the term is about what success is specifically promised. This must be specifically answered in the respective agreement. In abstract terms, the taxi driver promises the passenger that they will arrive at their destination, which the passenger also expects as a success. But where the passenger wants to arrive is not yet clear from the abstract view.
Term in construction law
If the construction work differs from the success of the work, the corresponding structure is defective.
The concept of successful work in construction contracts entered the current discussion with the decision of the Federal Court of Justice in 2007 for a block-type thermal power station. On the occasion of a questionnaire on private building law by the Federal Ministry of Justice, the 3rd German Building Court Day recommends that Section 633 (2) BGB be editorially adapted to the functionality case law of the BGH. Parts of the literature counter this.
swell
- ^ Building: No money for a cellar that is too high , test.de of July 20, 2004, accessed on October 23, 2014
- ↑ Archived copy ( Memento of the original from July 28, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Thomas Müller, The success of the work in the field of tension between liability for defects, notification obligations and remuneration in the building contract - with special consideration of § 13 Paragraph 1 and 3 VOB / B , publications on building and procurement law, Volume 23, Verlag Dr. Kovac, Hamburg 2014, ISBN 978-3-8300-7876-0
