Deckungsmaßen

Deckungsmaß is a German legal term that translates to "adequate consideration" in English. It refers to the principle that a party seeking to enforce a contract must provide adequate compensation to the other party for any loss or damage incurred as a result of the breach. This principle is designed to ensure that parties are treated fairly and that the enforcement of a contract does not cause undue hardship to the non-breaching party.

The concept of Deckungsmaß is rooted in the German Civil Code (Bürgerliches Gesetzbuch or BGB) and is particularly relevant in cases of breach of contract. When a party breaches a contract, the non-breaching party may seek to enforce the contract by claiming damages. The amount of damages that can be claimed is determined by the principle of Deckungsmaß, which requires that the damages awarded must be adequate to compensate the non-breaching party for the loss or damage suffered.

The principle of Deckungsmaß is not absolute and can be influenced by various factors, including the nature of the contract, the extent of the breach, and the circumstances surrounding the breach. In some cases, the court may award punitive damages if it is deemed that the breach was intentional or malicious. However, the primary goal of Deckungsmaß is to ensure that the damages awarded are fair and reasonable, taking into account the interests of both parties.

Deckungsmaß is an important concept in German contract law, as it helps to balance the interests of both parties and ensures that the enforcement of contracts is conducted in a fair and equitable manner. It is a key principle that guides the courts in determining the appropriate compensation for breaches of contract and plays a crucial role in the overall functioning of the German legal system.