Gesamterfüllung

Gesamterfüllung is a concept primarily found in German contract law. It refers to the situation where a party to a contract has fulfilled all of its obligations in their entirety. This means that the performance rendered by that party completely matches what was agreed upon in the contract.

This concept is distinct from partial fulfillment or defective fulfillment. For Gesamterfüllung to occur, the performance must be exact in terms of quantity, quality, time, and place, as stipulated by the contract. Once Gesamterfüllung has been achieved by one party, their contractual obligations are extinguished. This can then trigger the corresponding obligations of the other party, such as payment.

The principle of Gesamterfüllung emphasizes the importance of precise performance in contractual relationships. It serves as a benchmark against which the completeness and correctness of a party's actions are measured. Legal disputes often revolve around whether a performance truly constitutes Gesamterfüllung or if it falls short, leading to potential claims for breach of contract. The concept underscores the strictness with which contractual terms are generally interpreted in German law.