Erfüllungszeit

Erfüllungszeit refers to the time at which a contractual obligation is fulfilled. In contract law, particularly in German civil law, it is a crucial concept that determines when a debtor has discharged their duty and when a creditor is entitled to receive performance. The specific Erfüllungszeit is usually determined by the terms of the contract itself. If the contract does not specify a particular date or period for performance, the law may provide default rules.

In the absence of a contractual agreement, the German Civil Code (BGB) generally presumes that performance is due immediately upon conclusion of the contract, unless the nature of the obligation or other circumstances indicate otherwise. For example, if a service is to be performed, the immediacy might be tempered by practical considerations. Conversely, if a specific date is set, that date dictates the Erfüllungszeit.

The importance of Erfüllungszeit lies in its connection to other legal concepts. For instance, the Erfüllungszeit is often a prerequisite for a debtor to be in default (Verzug). If performance is due on a specific date and the debtor fails to perform by that date, they may be considered in default, which can lead to various legal consequences, including liability for damages. Similarly, the Erfüllungszeit is relevant for determining the point at which a creditor can claim performance or terminate the contract under certain conditions. It marks the transition from the pre-performance phase of a contract to the actual execution of the agreed-upon obligations.