Can I withdraw from a contract if the circumstances change?
September 1, 2022 | 40,00 EUR | answered by Mia Schulz
Dear Attorney,
I am reaching out to you with a question regarding contract law. Some time ago, I entered into a contract which obligates me to regularly use certain services. However, the circumstances in my life have changed and I am no longer able to utilize these services to the extent agreed upon.
The contract is causing me financial strain and I am worried that I may not be able to fulfill these obligations anymore. My question is whether it is possible to withdraw from a contract if circumstances change and one is no longer able to provide the agreed-upon services.
I have already tried to find a solution with the other party to the contract, but we have not been able to reach an agreement so far. Therefore, I am seeking your legal opinion on whether I can consider withdrawing from the contract and what steps I should take in this regard.
Thank you in advance for your assistance.
Sincerely,
Rolf Hahn
Dear Mr. Hahn,
Thank you for your inquiry regarding contract law. I am sorry to hear that you are in such a situation. I would like to answer your question as thoroughly as possible.
In German contract law, the principle of "pacta sunt servanda" applies, which means "agreements must be kept". This means that contracts are generally binding and must be upheld by the parties involved. This also applies to contracts that involve regular services.
However, there are exceptions to this principle. One possibility to withdraw from a contract is a contract adjustment due to disruptions of the basis of the contract according to § 313 of the German Civil Code. If the circumstances that formed the basis of the contract have changed so significantly that a party would not have entered into the contract had they known about these circumstances, an adjustment or even withdrawal from the contract may be possible.
In your case, where your personal circumstances have changed so that you can no longer provide the agreed services, there may be a disruption of the basis of the contract. It is important that you can prove that the change in your circumstances was significant and unforeseeable when you entered into the contract. It is advisable to gather all relevant documents and evidence that support your changed situation.
If you have already tried to find a mutual solution with your contract partner but could not reach an agreement, you may consider consulting a lawyer. A lawyer can help you assess your rights and, if necessary, take legal action to obtain a contract adjustment or withdrawal from the contract.
I hope this information is helpful to you and wish you success in resolving your issue. If you have any further questions, I am happy to assist.
Sincerely,
Mia Schulz
Lawyer
