The place of fulfillment in the BGB, also called the place of performance, is the place where the supplier and buyer have to provide their service.
The place of performance has a threefold meaning:
At the place of performance, the risk of accidental damage, deterioration or destruction of the goods is transferred to the buyer (§ 446 f. BGB).
The place of fulfillment generally determines the place of jurisdiction according to § 29 ZPO: In the event of legal disputes between the parties, the action must be submitted to the competent court (district court or regional court) of the place of fulfillment.
From the place of performance, the buyer bears the shipping costs according to legal regulations (goods debts are collect debts).
Legal place of performance
Unless otherwise agreed on the place of performance, the legal domicile or the location of the commercial establishment of the debtor shall be the place of performance. However, since there are two debtors in every sales contract (the supplier owes the goods, the buyer the purchase price), there are also two places of performance, unless both partners live in the same place.
The supplier fulfills by handing over the goods to the buyer at his place of residence or company headquarters (in the shop, shop) or by sending them to him. Goods debts are generally debts to be collected.
The buyer fulfills by accepting the goods and sending the invoice amount to the obligee in good time at his own risk and expense; because, according to § 270 BGB, money debts are generally debts to send (also called debt to deliver).
Example: If the supplier lives in Darmstadt and the buyer in Leipzig, the buyer bears the risk (and the costs) of the transport from Darmstadt. If necessary, he would have to sue the supplier at the competent court in Darmstadt if the supplier was in default with the delivery. Conversely, the court in Leipzig would be responsible for any legal action brought by the supplier against the customer (e.g. if the customer is in default of payment).
Agreed place of performance - The clause "Place of fulfillment and jurisdiction for both parties is ..." (here the location of the supplier's branch follows), which has been common in almost all delivery and sales conditions of the supplier, can, after a change in Para. 29 ZPO can only be agreed between traders. Otherwise it is void.
Place of jurisdiction - The legislature stipulates that the district court at which the applicant has his general place of jurisdiction, ie his place of residence, is exclusively responsible for the dunning procedure. (In the case of the centralized dunning procedure, the central dunning court is initially responsible for the dunning procedure.) If the buyer objects, however, the legal dispute must be resolved at the court of the customer's residence.