Erfüllungszeitpunkt

Erfüllungszeitpunkt is a legal term in civil law, primarily used in German contract law, describing the moment at which an obligation is fulfilled or must be fulfilled by the debtor. It indicates when the debtor’s performance is considered to have occurred and when the creditor’s claim is satisfied. The concept is distinct from Fälligkeit (due date) and from Leistungszeit (time of performance in a broader sense).

Determination: The Erfüllungszeitpunkt can be fixed by contract, for example by a stated date, event, or condition. If not expressly set, it is determined by the nature of the obligation and customary practice: for a delivery contract, it is typically at the time of delivery; for a service contract, at completion of the agreed service; for monetary claims, it is usually tied to the time the payment is due under the agreement or, if no term exists, upon demand or after a statutory or contractual grace period. There can be multiple Erfüllungszeitpunkte in contracts with partial or successive performances.

Consequences: If the debtor fulfills the obligation at or by the Erfüllungszeitpunkt, the obligation is discharged. If performance is delayed beyond that point, the debtor may be in Schuldnerverzug (default) with potential liability for damages or for additional performance, depending on the circumstances and applicable rules. Early or conditional performance may be accepted or rejected by the creditor, depending on feasibility and agreement.

In practice, the Erfüllungszeitpunkt helps determine liability, risk transfer, and remedies in cases of non-performance or late performance, and it often aligns with the contract’s specific terms or with standard interpretations of the transaction type.