Schuldrechtsregime

Schuldrechtsregime is a term used in civil law to denote the system of rules governing obligations. It covers the creation, performance, breach and enforcement of obligations arising from contracts as well as from non-contractual sources such as delict and unjust enrichment. In German law, the Schuldrecht forms a core part of the civil code (Bürgerliches Gesetzbuch, BGB) and is organized into a general part applicable to all obligations and a special part containing rules for specific types of obligations and contracts.

The Allgemeiner Teil (general part) sets out foundational concepts relevant to all obligations, such as the duty to perform, the right to demand performance, issues of impossibility and delay, and the available remedies in case of defect or failure. The Besonderer Teil (special part) elaborates on concrete obligation relationships, including contracts like Kaufvertrag (sale), Mietvertrag (lease), Werkvertrag (work contract), and Dienstvertrag (service contract), as well as non-contractual obligations such as delict and unjust enrichment. Typical remedies within the regime include performance, remedial actions such as replacement or repair (Nacherfüllung), damages (Schadenersatz), and contract-specific losses or rescission.

The Schuldrechtsregime strives to balance the interests of creditors and debtors, promote predictability in contractual relationships, and coordinate with other areas of civil law such as das Sachenrecht (property law) and Frustration of contract rules. It has shaped German private law since the adoption of the BGB in 1900 and has exerted influence on many continental European legal systems through its approach to obligations, remedies, and fault.