[eu]cite

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

Book 2 · Law of obligations  ›  Chapter 1 · General provisions › Section 648a

Termination for a compelling reason

(1) Both contractual parties may terminate the contract for a compelling reason without observing a period of notice. There is a compelling reason if, having considered all the circumstances of the specific case and having weighed the interests of both parties against each other, the terminating party cannot reasonably be required to continue the contractual relationship until the work is completed.

(2) A partial termination is possible; it must refer to a definable portion of the work owed.

(3) Section 314 (2) and (3) applies accordingly.

(4) Following the termination, each contractual party may demand of the other party that it cooperate in jointly determining the status of the work. Where one contractual party refuses to so cooperate, or where it fails to attend a meeting agreed for determining the status of the work, or a meeting scheduled by the other contractual party within a reasonable period, the burden of proof concerning the status of the work as per the date of the termination will be incumbent on that party. This does not apply if the contractual party fails to attend due to a circumstance for which it is not responsible and of which it has notified the other contractual party without undue delay.

(5) Where a contractual party terminates the contract for a compelling reason, the contractor is entitled to demand only whatever remuneration covers the portion of the work performed up until the termination.

(6) The termination does not rule out the entitlement to demand compensation of damages.

←→ also move between sections