When the Date Is the Deal

German commercial law knows the Fixgeschäft, a deal in which the date is essential. Section 376 of the Commercial Code covers sales between merchants where delivery must happen genau zu einer festbestimmten Zeit, exactly at a fixed time. If the date passes, the buyer may withdraw. A buyer who still wants the goods must say so at once. Erfüllung kann er nur beanspruchen, wenn er sofort nach dem Ablaufe der Zeit … dem Gegner anzeigt, daß er auf Erfüllung bestehe. He can demand delivery only if he tells the other side immediately after the date that he insists on it. Lawyers give everyday examples: a wedding cake, or 100 bouquets ordered for a wedding on Saturday at 2 p.m.

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