Hauptforderung

Hauptforderung, or principal claim, is a term used in civil law to refer to the main demand asserted by a claimant in a contract or dispute. It represents the core obligation the claimant seeks to enforce, such as payment of a price, delivery of goods, or performance of a service. The Hauptforderung is distinguished from Nebenforderungen, which are ancillary or secondary demands arising from the same factual basis, such as interest on arrears, reimbursement of collection costs, damages for breach, or other ancillary compensation channels. The distinction helps identify the core remedy and separate additional remedies.

In pleadings, the Hauptforderung is stated as the central amount or performance sought, while Nebenforderungen are itemized separately. Defenses to the Hauptforderung can also apply to the Nebenforderungen, but procedural and substantive rules may differ for the main claim and the ancillary claims, for example in relation to limitations or enforcement.

The term is common in German-speaking jurisdictions and is used in both contract law and civil procedure to describe the primary obligation and the ancillary rights attached to it. Examples include a sales contract (Hauptforderung: payment of the purchase price and delivery of goods) and a lease or service contract (Hauptforderung: rent or service fee), with Nebenforderungen covering interest for late payment, damages, and costs.