Durchführung und Rechtsfolgen der Vertragsaufhebung bei nachträglichen Erfüllungsstörungen

In his discussion of the termination of contract, Simon Laimer deals with a major legal remedy in the case of contractual non-performance. He compares Italian, German and Austrian law of obligations as well as the UN Sales Convention and includes recent unification projects (PECL, PICC, PESL) as well as the recently published Draft Common Frame of Reference. After evaluating the various rules applying a consequences-based approach, he derives criteria for a possible unified European regulation. The author begins by examining the nature and the form of procedures for termination in the case of non-performance of contract. He then analyzes the legal consequences of a legally effective termination, in particular the dispensation from the obligation to perform the contract, the restitution as well as the liability in the case of non-performance of restitutionary obligations.