[eu]cite

Home› Civil Code & Private Law› BGB (EN)

Book 2 · Law of obligations  ›  Title 2 · Reciprocal contract › Section 321

Defence of uncertainty

(1) A person who is obliged to perform in advance under a reciprocal contract may refuse to render their performance if, after the contract is concluded, it becomes apparent that that person’s entitlement to consideration is jeopardised by the inability to perform of the other party. The right to refuse performance is not applicable if consideration is rendered or security is provided for it.

(2) The person required to perform in advance may specify a reasonable time limit within which the other party, at their choice, is to render consideration or provide security in return for, and concurrently with, performance. If the period of time lapses without result, the person required to perform in advance may revoke the contract. Section 323 applies accordingly.

←→ also move between sections