Dauerschuldverhältnissen

Dauerschuldverhältnis, often translated as a continuing or long-term obligation, is a category within the German law of obligations (Schuldverhältnisse) that describes contracts in which the debtor’s duty is to render performance over a period of time or to provide ongoing services. The creditor’s rights likewise extend over the duration of the relationship, with performance due as it is scheduled or as events occur. It contrasts with one-off or instantaneous obligations that are discharged by a single act.

Typical examples include employment contracts, leases, service contracts, and ongoing maintenance or licensing arrangements. The hallmark of a Dauerschuldverhältnis is the reciprocity of duties that persists into the future, rather than a single, completed performance. The arrangement is governed by the general rules on obligations contained in the Bürgerliches Gesetzbuch (BGB). Depending on the contract, duties may include timely payment, delivery of services, or adherence to agreed standards, while remedies for breach generally include damages and, where appropriate, specific performance.

Termination is usually possible by ordinary or extraordinary means, again depending on contract terms or statutory rules. Ordinary termination requires notice and may be subject to minimum periods; extraordinary termination may occur for cause. The concept is primarily analytical: it helps lawyers classify and analyze ongoing obligations, not a separate formal contract category in itself. Understanding Dauerschuldverhältnis is important for assessing risk, remedies, and the interplay of duties and rights in long-term contractual relationships.