Teilleistung

Teilleistung, literally partial performance, is a term used in German-language law and practice to describe the provision of only part of an agreed service or obligation rather than the entire contractual duty.

In contract law, Teilleistung occurs when a contract can be fulfilled in sections or components. The performing party may deliver a portion of the service or goods, and the receiving party may accept that partial performance or require eventual completion. The possibility of Teilleistung affects payment timing, risk allocation, and remedies; partial deliveries can lead to provisional payments, while the remaining work may be scheduled for later performance or priced accordingly. If the partial performance is unusable or defective for the recipient, it can raise questions of breach or require adjustments.

In construction and procurement, Teilleistungen are common, with contracts frequently structured around milestones or work packages. Progress payments and partial acceptance (Teilabnahme) reflect the staged nature of such projects, allowing for evaluation and payment as sections are completed.

In educational or assessment contexts, Teilleistung may refer to partial credit or partial assessment for components of an assignment or exam, recognizing achievement even if the full task is not yet complete.

The term is primarily used in German-speaking jurisdictions and is typically translated as “partial performance” or “partial accomplishment” in English. It emphasizes the practical and legal implications of delivering or accepting only part of a contractual obligation, including potential adjustments to price, liability, and remedies.