Rückgewähr

Rückgewähr is a legal term used in German civil law to describe the obligation to return something that has been conferred or provided to another party, restoring the previous state as far as possible. It is a central concept in the unwinding of legal relationships, such as the rescission or avoidance of contracts, and in cases of unjust enrichment.

The essence of Rückgewähr is the restoration of both the object and the value of what was received. This can involve the return of a concrete item, the repayment of money, or the monetary value of benefits that could not be returned in kind. In practice, this means that the party who received something must return it or compensate for its value, including any use or enjoyment (Nutzungen) accrued from the time of receipt, and potentially depreciation or other losses caused by the use.

Rückgewähr can arise in various contexts, notably in contract disputes where a contract is canceled or avoided, and in unjust enrichment claims where one party has benefited at the expense of another without a valid legal basis. The precise obligations and calculations depend on the applicable rules of the German Civil Code (BGB) and related legislation, including the treatment of use, value, and potential compensations.

In summary, Rückgewähr denotes the restoration of the pre-transfer position to the extent possible under the law, through the return of the received item or its equivalent value. It serves to correct imbalances created by the transfer or performance.