Nachfrist

Nachfrist is a term used in civil and commercial law to describe a deadline granted by a creditor to a debtor who is in default or at risk of default in order to fulfill an obligation. It serves as a grace period that allows the debtor one last opportunity to perform before the creditor may react to the breach. The concept is most closely associated with German law (BGB) but appears in similar form in other civil-law systems.

A Nachfrist is typically set after a breach has occurred or is imminent and requires a clearly defined period within which the debtor must perform. It is not automatic; the creditor must voluntarily grant the deadline and communicate the new time frame. The length of the Nachfrist depends on the circumstance, the nature of the obligation, and practical considerations such as the perishability of goods or the complexity of the required work. The deadline should be reasonable to be effective.

If the debtor fails to perform within the Nachfrist, the creditor generally gains the right to withdrew from the contract (Rücktritt) or to claim damages instead of performance. Damages are typically calculated as compensation for the loss due to non-performance, subject to limitations such as foreseeability and causation. If the debtor complies within the Nachfrist, the contract remains in force and performance is due accordingly.

In practice, a Nachfrist is a common instrument in sales, service, and work contracts to avoid automatic breach and to provide a structured path toward remediation or termination. It underscores the balance between encouraging performance and protecting the creditor’s interests.