Die Folgen der Geltendmachung nicht bestehender vertraglicher Rechte

In a constitutional state the assertion of a contractual right can hardly be disapproved even though it may inconvenience the contractual partner. But what if the asserted right actually does not exist? Does the assertion of that right – as the German Federal Court of Justice conceives – per se constitute a violation of contract which may result either in liability or even rescission? Or does this conflict of interests require a more sophisticated approach?
The present examination deals with these questions and develops a coherent over-all concept. The functioning of this concept is illustrated by dealing with the problem of an unjustified claim for supplementary performance, which has recently become a subject for discussion again.