Verfahrensfragen bei der Anpassung von Verträgen nach § 313 BGB

When codifying the german equivalent to the frustration of purpose, it was a declared intent of the legislator to facilitate out-of-court negotiations between the parties. Instead of recognizing a substantive obligation to negotiate, the work makes use of various instruments of procedural law to promote this goal.
Section 313 of the German Civil Code also poses problems with regard to substantive res judicata: Since the goal of the adjustment is not predetermined and several adjustment variants are usually possible, the question arises to what extent a final judgment that decides on one of these variants stands in the way of later adjustment claims of a different content. This paper examines this question and presents a model solution.