Negative Haftung aus Vertrag

Unlike common law, German law never developed a reliance theory of contract damages. The term »negative interest«, coined by Rudolph von Jhering, has always been linked to cases of extra-contractual liability. Helge Dedek explores the theoretical and historical background of this doctrinal development, comparing it to the Anglo-American discourse. His critical analysis focuses on the reformulation of contract law and of the medieval concept of »interesse« under the influence of will theory and societal change in the 19th century. The repercussions of this process are of current significance, since the German reform of the law of obligations in 2001 has introduced a statutory claim for the reimbursement of expenses as a remedy for breach of contract, which eludes the conceptualization of traditional doctrinal scholarship.