Leistung und Sorgfalt

German contract law distinguishes between the obligation to perform a specific service and the duty to take due care. Wolfgang Schur shows that both kinds of duties are related to objects of legal protection. The obligation to perform protects the right of performance, and the duty to take due care protects the absolute rights of the parties concerned, such as life, health, property etc. as well as the liberty of decision when signing a contract and participation in a personal relationship created by the obligation. The author analyzes the different kinds of duties arising from the obligation and shows how the neglect of one's duty can be determined, thus contributing to the discussion concerning the reform of German contract law.