The consequences of opening bankruptcy proceedings are manifold. A meeting of creditors may, among other things, decide to continue the debtor`s activities and maintain existing contractual relationships (except automatic disclosure) or to liquidate the transaction and terminate all related agreements. Delivery contracts are not expressly included in the OC. Delivery contracts are governed by the general terms of sale of co and, by analogy, by analogy with the specific provisions of the CO relating to the types of contracts specifically defined in the CO contract (sales contracts, service contracts, agency contracts, etc.) and which are comparable to the supply contract in question according to the overall design and concept of the delivery agreement. Under the CISG, they are generally not considered “sales contracts” (but individual sales contracts under a main distribution contract are under the jurisdiction of the ICSG); and a contract for the sale of goods is governed by the law of the country in which the seller has his or her usual residence, seat or head office (unless the contract is subject to the UN Convention on Sale (CISG), but comply with Article 4 cisg for the limited scope of the convention, matters outside the scope of the convention must be determined in accordance with applicable national law!) , unless the parties have agreed to other procedures in the agreement and in addition to the obligation to pay late interest. With regard to copyright, it should be noted that a publishing contract is not considered a contract under Article 122 of the IPLA (Intellectual Property Rights Contracts). The publishing contract is legally considered a service contract governed by Article 117 of the IPLA. In this regard, the law of the state of residence applies to the person who is required to provide the characteristic contractual benefit. In the case of publishing contracts, this characteristic service is usually provided by the publisher. This is why the applicable law refers to the publisher`s home or headquarters. It should be noted that this only applies in the absence of a legal policy decision. In the case of a breach of the sales and business contract guarantee, the applicable limitation period is two years or, failing that, five years, when the goods delivered were destined for real estate and were part of a property. However, the seller or supplier cannot invoke the legal limitation period if he has deliberately misled the buyer.
In this case, a 10-year statute of limitations applies. In addition, the BGB prohibits the conclusion of agreements that last too long. Whether the duration of a supply contract would be considered excessive depends on the particular circumstances, but it is reasonable to assume that the maximum value is somewhere between 10 and 20 years. The CO generally contains the basic rule that a debtor is fully liable for any damage suffered by a portion of the consideration by third parties who assist the debtor in the performance of his obligations. This general rule applies to all types of contracts for which there is no provision to the contrary. Since CO does not contain such a different rule for the sale of goods, a supplier of goods is fully liable for all damage caused by its subcontractor. However, it is possible to limit or exclude this liability in advance.