Erfüllungsort

Erfüllungsort is a term from German private law referring to the place where a debtor must render the performance owed under a contract. It designates the geographic location of fulfillment and often has practical consequences for risk transfer and the viability of claims, as well as for which court may have jurisdiction in case of disputes. In many contexts Erfüllungsort and Leistungsort are used interchangeably, since both concern the place where the obligation is to be performed; some writers distinguish the terms, with Leistungsort describing where performance must be effected and Erfüllungsort focusing on the legal consequences of fulfillment.

Determination of the Erfüllungsort can be contractually agreed by the parties. If the contract does not specify the place, German civil law provides default rules based on the nature of the obligation. For example, in sale of goods, the default may be the seller’s business location or the delivery location agreed in the contract; for services, the place is typically where the service is to be performed; for monetary obligations, the place is often the debtor’s domicile or place of payment.

Consequences include where the creditor is entitled to demand performance and where risk passes from debtor to creditor, though the exact rules can vary with the type of obligation and the governing law. In cross-border transactions, the Erfüllungsort can interact with issues of jurisdiction and applicable law, and may be influenced by international instruments or transport arrangements such as Incoterms when relevant.

In sum, Erfüllungsort locates performance in German contract law, shaping risk allocation, claims enforcement, and, in many cases, jurisdiction. For precise rules, the contract terms and applicable provisions of the German Civil Code (BGB) should be consulted.