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The New German Law of ObligationsHistorical and Comparative Perspectives$
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Reinhard Zimmermann

Print publication date: 2005

Print ISBN-13: 9780199291373

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199291373.001.0001

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Remedies for Non-performance, Viewed against the Background of the Principles of European Contract Law

Remedies for Non-performance, Viewed against the Background of the Principles of European Contract Law

Chapter:
(p.39) 2 Remedies for Non-performance, Viewed against the Background of the Principles of European Contract Law
Source:
The New German Law of Obligations
Author(s):

Reinhard Zimmermann

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199291373.003.0003

Before the revision of Germany's law of obligations it had been, for a long time, a standard complaint that the rules concerning breach of contract were far too complex. Moreover, they were taken to be deficient in several important respects. They were based on a classification of various types of breach, that is, impossibility of performance, delay of performance, and defective performance, rather than structured according to the various remedies available. Central to the understanding of the system, so it was said, was a highly artificial concept of impossibility of pandectist vintage. Moreover, the German Civil Code was thought to be characterised by an axiomatic adherence to the outdated fault principle. This chapter discusses the development of German law and remedies for non-performance from the vantage point of the broader European debate that has led to the formulation of the Principles of European Contract Law.

Keywords:   Germany, law of obligations, German Civil Code, breach of contract, remedies, non-performance, Principles of European Contract Law, impossibility of performance, delay of performance, defective performance

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