Germany and the Schuldrechtsmodernisierung 2002

Abstract

The Schuldrechtsmodernisierung of 26 November 2001 is probably the largest reform of German codified contract law undertaken for a century. The three substantive law parts of this reform are discussed in this contribution: the new regime on breach of contract, the new regime on limitation, and the new law on sales and works contracts. Reference is made also to a fourth major element, the integration of consumer law into the civil code. It is argued that German law now follows a uniform concept of breach and distinguishes quite convincingly with respect to three major remedies. It is argued, that the reform was quite successful.