Vorschlag eines neuen Leistungsstörungsrechts im OR 2020

The concept of default proposed in the Code of Obligations 2020 (“CO 2020”) is inspired mostly by the principles codified in international conventions such as the United Nations Convention on Contracts for the International Sale of Goods. Articles 118 et seqq. CO 2020 introduce a dogmatic change insofar as the default system is based on the breach of contract solely and does – for the obligee’s remedies – not differentiate between the obligor’s grounds for the failure to perform. This seems to be a drastic change at first sight. On closer inspection, however, the proposal reveals that the remedies as such do not differ substantially from the ones under the existing system, but perhaps more strongly encourage the assessment of contractual relationships on a case-by-case basis.