Vertragsstörungen

Vertragsstörungen, also known as contractual disturbances, refer to any deviation from the intended performance or agreement within a contract. This broad category encompasses a range of issues that can arise between parties after a contract has been validly formed.

One common type of Vertragsstörung is Leistungsstörung, which translates to a disturbance of performance. This can manifest in several ways, including delay in performance (Verzögerung), where one party fails to fulfill their obligations by the agreed-upon deadline. Another form is impossibility of performance (Unmöglichkeit), where fulfilling the contractual duties becomes objectively or subjectively impossible. Additionally, defective performance (Schlechtleistung) occurs when the service or goods provided do not meet the agreed-upon quality standards.

Beyond performance issues, Vertragsstörungen can also involve breaches of ancillary obligations, such as duties of care or information. The consequences of these disturbances depend on the specific circumstances and the type of breach. Remedies may include claims for damages, rescission of the contract, or specific performance, depending on the applicable legal framework. German contract law, for instance, provides a detailed framework for addressing these various forms of Vertragsstörungen, aiming to balance the interests of both parties and ensure fairness in contractual relationships.