Ersatzanspruch

Ersatzanspruch is a term used in German civil law to denote a claim for substitute performance or for compensation when the other party fails to fulfill an obligation or delivers a defective performance. It covers situations where the claimant seeks to be put in the position they would have been in if the obligation had been properly performed, either by receiving a replacement performance or by monetary compensation for the breach.

In contract and warranty contexts, Ersatzansprüche commonly take three forms. First, there is Ersatzleistung (Nacherfüllung), which means the debtor must remedy the defect or replace the defective performance, for example by repairing or delivering a faultless substitute item. Second, there is Ersatz statt der Leistung (damages in lieu of performance), where the creditor can demand compensation instead of the actual performance when fulfillment is impossible or unacceptable. Third, there is Ersatz vergeblicher Aufwendungen (reimbursement of futile expenses), which allows recovery of reasonable costs incurred due to reliance on the obligation that was not fulfilled.

Legal foundations are found in the German Civil Code (BGB). Nacherfüllung is addressed in warranty provisions (notably § 439 BGB for goods). Damages in lieu of performance are governed by § 281 BGB (Schadensersatz statt der Leistung), and § 284 BGB covers reimbursement of unnecessary or futile expenditures. A claim requires proof of breach, causation, and the amount of loss; limitations such as prescription apply, and the exact scope can depend on the contract and applicable statutory rules. Ersatzansprüche aim to restore the claimant to the position they'd be in if proper performance occurred.