Anspruchsgrundlage

Anspruchsgrundlage is a term in German law that denotes the legal basis on which a claim is founded. It designates the normative title—such as a statute, contract, or other legal rule—that creates a subjective right of the claimant against another party or imposes an enforceable duty. In civil litigation, the plaintiff identifies the applicable Anspruchsgrundlage to justify the asserted claim and to ground the court’s decision.

In practice, claims usually arise from contract or from statutory provisions. Typical contractual Anspruchsgrundlagen include the buyer’s claim to delivery and title under § 433 BGB and related obligations under a contract for work or services. Statutory bases include provisions granting damages for wrongful acts (§ 823 BGB), unjust enrichment (§ 812 BGB), or other protected rights. The exact Anspruchsgrundlage chosen frames the legal justification for the claim and can influence defenses and procedural requirements.

There is an important distinction between Anspruchsgrundlage and Anspruch (the actual right). The Anspruchsgrundlage is the legal rule that authorizes the claim, whereas the Anspruch is the concrete entitlement the claimant seeks to enforce. In practice, multiple Anspruchsgrundlagen can underlie a single dispute, and a court will determine which, if any, are applicable based on the proven facts and the governing law. The concept is used across civil and administrative law to identify the normative basis for a claim or entitlement.