Rückabwicklungspflichten

Rückabwicklung is a legal term that describes the unwinding of a contract to restore the parties to the position they were in before the agreement was formed. In practice, this means returning goods, money, and any benefits or values exchanged, so that the pre-contract state is re-established.

In German law, Rückabwicklung occurs most prominently in the context of contract cancellation and consumer withdrawal. The general framework is found in the Bürgerliches Gesetzbuch (BGB), particularly the provisions governing cancellation (Rücktritt) and the consequences of withdrawal or rescission. When a contract is unwound, each party must restore what it received under the contract; this may involve the return of goods and the repayment of purchase price, along with any earnings or use value that the other party enjoyed.

Key elements include: the obligation to return your own performance, the obligation to refund the counterpart’s performance, and the treatment of use or wear. Under consumer protection rules for distance and online contracts (Widerrufsrecht), consumers typically have a limited period to exercise the right to withdraw, after which the seller must refund the price and any standard shipping costs, and the consumer must return the goods. The seller may deduct for diminished value if the goods were used beyond what is necessary to establish their nature, or if the consumer failed to comply with the withdrawal terms.

Rückabwicklung can also arise in commercial contexts outside the withdrawal right, such as rescission due to breach or misrepresentation, with restitution and potential damages depending on the circumstances.