Hinderungsereignis

Hinderungsereignis is a term used in civil law to describe a circumstance that prevents or substantially hinders the performance of an obligation under a contract. It arises after a contract is formed and before the performance is completed. The concept helps distinguish between mere delays, absolute impossibility, and impediments that temporarily suspend performance. Hinderungsereignisse can be caused by events outside the debtor’s control, such as force majeure, official acts, delivery bottlenecks, or significant disruptions in supply chains, but may also result from circumstances affecting the debtor’s ability to perform.

The legal consequences depend on the applicable law and the contract. In general, an hinderingsituation may excuse non-performance or justify extending the performance deadline, reduce liability for damages, or suspend obligations for a period. If the hindrance ends, performance resumes; if it lasts so long that performance becomes impracticable, termination or discharge may become possible. Whether a particular event qualifies as a hinderungsereignis and how remedies are allocated often hinges on contract clauses (for example force majeure or risk-shifting provisions) and statutory rules.

Parties commonly address hinderings by including risk allocation clauses, notification duties, and documentation requirements. The notified party may need to prove the existence and duration of the hindrance and its impact on performance. Depending on jurisdiction and contract, remedies may include extension of time, price adjustments, renegotiation, or termination.

Contexts where the term is used include procurement, construction contracts, and general civil contracts. The concept helps systems of contract law manage unforeseen events without automatic assignment of liability for every disruption.