Die Fälligkeit der Gesamtvergütung ohne rechtsgeschäftliche Abnahme im Werk- und Bauvertragsrecht

The law on works and construction contracts links the due date of remuneration to the declaration of acceptance by the customer. The required willingness to co-operate results in a dependency of the contractor on his contractual partner.
The legislator and the judiciary are attempting to achieve an approximate balance of power between the parties by creating case groups in which remuneration is due without acceptance. However, the case law in particular is unclear and contradictory in detail. Instead of improving the legal position of the contractor, legal uncertainty is created.
The author contributes to the systematization of these case groups and to legal clarity regarding the due date of the total remuneration without acceptance.