Verzögerungsgeschwindigkeit

Verzögerungsgefahr is a legal concept in German contract law that refers to the risk of delay in the performance of contractual obligations. It addresses the question of who bears the responsibility when a contractual deadline cannot be met. The general principle is that the party causing the delay assumes the Verzögerungsgefahr, meaning they are liable for any damages resulting from the delay. This concept is particularly important in determining liability when unforeseen circumstances occur. If the delay is caused by factors within the control of one party, that party typically bears the risk. However, if the delay results from external factors beyond either party's control, such as natural disasters or government actions, the risk may be distributed differently according to the specific contract terms and applicable laws. The Verzögerungsgefahr concept helps allocate risks fairly between contracting parties and provides a framework for addressing performance issues in commercial agreements.