The Impact of Covid-19 in German Contract Law

Authors: Christian Johannes Wahnschaffe

ABSTRACT

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
EGBGB
II.2. Temporary Restrictions on the Termination of Lease Agreements, Art. 240 s 2
EGBGB
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 EGB

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