Geschäftsgrundlage und Risikoverteilung

The current version and interpretation of § 313 BGB is influenced by the various forms of the doctrine of frustration of contract in German civil law, which themselves are dominated by even more fundamental legal ideas. The underlying theoretical principles can be divided in the light of an analysis of legal history into two groups, namely the subjective and the objective lines. The many differences between the two doctrines raise considerable ambiguities with regard to § 313 BGB. As a result of the suppression of ontological debates, the study emphasises the predominant role of the principles of responsibility and negligence and thus narrows the scope of the application of § 313 BGB with reference to risk distribution ideas.