Bundesgerichtshof 15 February 1995 [VIII ZR 18/94], Neue Juristische Wochenschrift 1995, 2101

Translation [*] by Alston & Bird LL.P.
Editors: William M. Barron, Esq.; Birgit Kurtz, Esq.

Headnote

Regarding the time limitations of a right to declare a contract avoided due to anticipatory fundamental breach of contract.
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Bundesgerichtshof (Ninth Civil Senate) 24 February 1994, NJW 1994, 1341

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Bundesgerichtshof (Seventh Civil Senate) 31 January 1990, BGHZ 111, 308 = NJW 1990, 2524

The plaintiff raises against the defendant an assigned claim for remaining payments under a works contract amounting to DM 20,505 plus interest. In 1985 and 1986, S, the plaintiff’s husband, carried out works for the defendant, without having been entered in the crafts registry, and without having his trade registered. Both facts were known to the defendant. The defendant paid at least DM 4,500 to S for his work. S failed to pay either tax or social insurance contributions on this amount. S then assigned the remainder of his alleged claim for payment under a works contract to the plaintiff.
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Bundesgerichtshof (Seventh Civil Senate) 19 January 1984, BGHZ 89, 376

In 1978, the defendants (a community of heirs) entered into a lease agreement for a public house with the H brewery. The plantiff, a bank, transferred rent payments amounting to DM 1,000 per month to the defendants under a standing order issued by the H brewery. By letter of 22 February 1980, the H brewery informed the defendants that it would discontinue the lease payments due to alleged defects in the premises of the public house. At the same time, the brewery cancelled the standing order by a letter to the plaintiff dated 3 March 1980.
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BGH NJW 1980, 2194
Bundesgerichtshof judgment of 10th July 1980, III ZR 58/79 (Braunschweig).

This case is first published in the German Law Archive courtesy of:

Translated German Cases and Materials under the direction of Professors P. Schlechtriem, B. Markesinis and S. Lorenz

Translated by Mr Raymond Youngs, Southampton Institute
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Bundesgerichtshof (Seventh Civil Senate) 7 January 1971, NJW 1971, 609

On 27 August 1968, the defendant, who was born on 5 September 1950, took a scheduled flight operated by the plaintiff from Munich to Hamburg, after having purchased a ticket for this flight. At Hamburg, he managed to join the transit passengers and to re-enter the plane for a flight to New York, without being in possession of a valid ticket for this part of the journey. He was refused entry to the United States, because he did not have a visa. The plaintiff thereupon made the defendant sign a document according to which the defendant owed the plaintiff the sum of US$ 256, issued the defendant with a ticket for the return journey and, on the same day, took the defendant back to Munich on a scheduled flight operated by the plaintiff. The defendant’s mother as his statutory agent refused to grant consent to legal transactions concluded between the defendant and the plaintiff.
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Bundesgerichtshof (Eight Civil Senate) 11 January 1971, BGHZ 55, 176

A thief stole two young bulls from the plaintiff, a farmer, and sold them to the bona fide defendant for DM 1,701. The defendant processed the animals in his meat product factory. Both of the previous court instances allowed the plaintiff’s action that the defendant should pay him compensation for value to the amount of DM 1,701. The defendant’s appeal, while admitted, was without success.
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Bundesgerichtshof (Third Civil Senate) 30 September 1963, BGHZ 40, 345

This case is first published in the German Law Archive courtesy of:

Translated German Cases and Materials under the direction of Professors P. Schlechtriem, B. Markesinis and S. Lorenz

Translated by Mr. Tony Weir, Trinity College, Cambridge
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Bundesgerichtshof (Sixth Civil Division) 19 September 1961
BGHZ35,363 = NJW i96i,2059
(with approving notes by W. Rötelmann NJW 1962, 736 and H. Hubmann = VersR 1962, 350, 562).

This case is first published in the German Law Archive courtesy of:

Translated German Cases and Materials under the direction of Professors P. Schlechtriem, B. Markesinis and S. Lorenz

Translated by F H Lawson and B S Markesinis

Copyright: Professor B S Markesinis
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