The Breach of Duty as a Basis for Civil Liability for Failure to Comply with the Contract under German Law

Abstract

Traditionally, the bases of civil liability are in the center of attention of legal scholars, which is due not only to their theoretical value, but also to practical importance both for the law enforcer and for any subject of legal relations. The study of the “breach of duty” category as the basis of civil liability for non-performance of a contract under German law is due to the lack of a comprehensive view of its nature and essence. This article attempts to reflect on the theoretical and practical aspects of breach of duty, entailing liability for nonperformance or improper performance of the contract. The study of “violation of duty” through the prism of civil liability allows from a scientific point of view to look at the problem of its grounds. The author notes that there are no similar legal constructions in domestic civil law and the understanding of breach of contract as a basis for civil liability, generally recognized in Russian law, is not reflected in German law.