Die Vollstreckung von Urteilen auf Leistung Zug um Zug

For the enforcement of a title for performance in kind, the following applies: The debtor is only required to perform if the counter-performance is offered to them or if they are already in default of acceptance. In the procedure according to Section 756 I of the German Code of Civil Procedure (ZPO), the bailiff must therefore assess whether the creditor has offered the counter-performance to the debtor in a manner that establishes the default of acceptance. The scope of the bailiff's review competence in this regard is highly disputed in literature, case law, and practice. In particular, it is contentious whether the bailiff can examine the counter-performance for its substantive defect-free nature. Andreas Günther investigates the extent and scope of this review competence. Furthermore, he sheds light on other enforcement procedures according to Sections 756 II ZPO, 765 ZPO, and 894 I 2, 726 II ZPO.