Quantitative non-compliance (incomplete performance of the obligation) and its remedies in two legal systems of France and Germany; After the modernization of the Civil Code

Abstract

One of the examples of inconsistent performance of a contractual obligation is the performance of only a part of the obligation. If the obligor performe his obligation incompletely, he has committed a breach of obligation, in the general sense, and must wait for the implementation of the guarantee of its execution. The civil laws of two countries, France and Germany, after the reforms made in recent years, are among the laws that specifically discuss the non-compliant implementation of contractual obligations, including quantitative non-compliance and ways to compensate for it. By looking at the articles of the civil law of the two mentioned countries, the consequences of such breach of contract can be divided into five categories, which are: demand for the specific performance, lien and suspension of the performance of the reciprocal obligation, price reduction, termination of the contract and demand for damages. The questions that can be asked are whether it is possible for the obligee to benefit from all these performance guarantees? What are the conditions of their application? Are there any differences between these two legal systems? Are the mentioned solutions capable of summation?

In general, it can be said that the legislator in the two mentioned legal systems has provided the possibility of using all the above-mentioned performance guarantees under special legal conditions to protect the obligee who has suffered losses from the non-compliant performance of the contractual obligation, but some of the mentioned solutions, from In terms of nature, they cannot be combined with each other, so it is not possible to use them at the same time.

In the following research, an attempt has been made to answer the above questions in two parts. After stating the accepted general rule, in detail, the conditions of application of each of the guarantee of incomplete performance of the obligation have been studied in two legal systems of France and Germany in a comparative and comparative manner.