The Impact of Covid-19 in German Contract Law

Christian Johannes Wahnschaffe


Table of contents

I. Covid-19 as an Impediment to Performance under German Contract Law
I.1. Impossibility of Performance
I.2. Disproportionality of Performance and Fundamental Change of Circumstances
I.3. Contractual Remedies
II. Contemporary Legislative Responses in the Wake of the Covid-19 Pandemic
II.1. Temporary Moratoriums on “Essential” Continuous Obligations, Art. 240 s 1
II.2. Temporary Restrictions on the Termination of Lease Agreements, Art. 240 s 2
II.3. Temporary Deferral of Payments in B2C Loan Agreements, Art. 240 s 3 EGBGB
II.4. Recreational Events and Package Travel Contracts: Vouchers Instead of Refunds,
Art. 240 s 5 EGBGB and Art. 240 s 6 EGBGB
III. Outlook

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