Verpflichtungserklärungen

Verpflichtung is a German term for an obligation to perform a legal or moral act. In civil law, a Verpflichtung is the binding content of a Schuldverhältnis, which obliges the debtor to render a performance and gives the creditor a claim to that performance. Obligations can arise from contracts (vertragliche Verpflichtungen), statutory duties (gesetzliche Verpflichtungen), or other legal triggers such as delicts or unjust enrichment. A contract creates a Verpflichtungsgeschäft, a legal act that establishes duties to give, to do, or to refrain from doing something.

The lifecycle of an obligation typically includes its arising, its content (what must be performed), and its fulfillment. Common examples are a seller’s duty to deliver goods and transfer ownership, or a borrower’s duty to repay a loan with interest. In some cases obligations are primary (Hauptschuld) and may be accompanied by secondary obligations, such as damages for breach (Schadensersatz) or warranties (Gewährleistung).

In legal terminology, the terms Schuldverhältnis (debt relationship), Forderung (claim), and Verbindlichkeit (liability or debt) are related but not identical. The creditor holds a Forderung against the debtor, who bears the Verbindlichkeit to perform. The notion of Verpflichtung also carries moral and social dimensions, but in private law it primarily denotes a legally enforceable duty created by contract, statute, or other recognized mechanisms.

Remedies for breach include enforcement of performance, rescission of the contract, or damages, depending on the nature of the obligation and applicable law.