Leistungsstörungen

Leistungsstörungen, a German legal term, refers to a breach of contract where a party fails to perform their contractual obligations as agreed. This can manifest in several ways, including impossibility of performance, delay in performance, or defective performance. The specific type of Leistungsstörung dictates the available legal remedies for the non-breaching party.

Impossibility of performance occurs when an obligation can no longer be fulfilled due to circumstances beyond the control of the parties, such as destruction of the subject matter of the contract. Delay in performance arises when a party fails to perform within the agreed timeframe. Defective performance means the performance rendered does not conform to the contract's specifications or quality standards.

When a Leistungsstörung occurs, the injured party typically has a choice of remedies. These can include demanding performance, seeking damages for losses incurred, withdrawing from the contract (Rücktritt), or reducing the contract price. The availability and specifics of these remedies depend on the nature of the breach and the governing contract law, often found within a country's civil code.

The concept of Leistungsstörung is crucial in contract law as it provides a framework for addressing and resolving situations where contractual promises are not met. It aims to balance the interests of both parties and ensure fairness and predictability in contractual relationships. The legal system provides mechanisms to compensate the party who has suffered due to the non-performance.