Die Reichweite des Nacherfüllungsanspruchs bei Vorliegen eines Sachmangels

The exact scope of subsequent performance claims as well as the exact requirements have been the subject of countless court decisions in the past. Even after more than a decade since the reformation of the German law of obligations (Schuldrechtreform), there is no consistent position on the scope of such claims. Therefore, the author describes the most prominent problems in this regard and discusses analytically the current positions.

The basis, on which this question was analyzed, was the determination of the specific place of performance for such claims. The dissertation further highlights the legitimacy of subsequent performance under the assumption of a specific obligation. Furthermore, it is discussed if and under which circumstances the obligor is also liable for costs that can be attributed to the assembly and disassembly of the goods.

On the basis of this analysis the author makes recommendations for further reformations of the existing statuary rules.