Die Rechtserklärer e.V.

Case law notes on general contract law

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Case law notes on important decisions in the field of general contract law

by Johanna Schmidt-Räntsch

Below you will find links to important rulings on general contract law. Rulings that are essential reading are marked with the letter ‘L’. The rulings are being translated into English in due course.

I. Decisions of the European Court of Justice

No entries at present.

II. Decisions of the Federal Court of Justice

Section 242 of the German Civil Code (BGB) – here: duty to perform the contract

LJudgment of 19 January 2018 – V ZR 273/16: Conditions for inability to perform, scope of the duty to perform the contract and the consequences of its breach.

III. Foreign Judgements

No entries at present.

III. Arbitration tribunals

LThe Higher Arbitration Tribunal for the Performing Arts, Arbitration Award of 21 March 1994: Legal classification of the guest performance contract; classification of the breach of health and safety obligations within the contractual relationship.

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Berlin, 14 July 2026