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  5. Germany: Frustration of contract to commercial leases?
Germany: Frustration of contract to commercial leases?
On 31 December 2020 parts of a new law entered into force which state the applicability of Sec. 313 of the German Civil Code (BGB) - regulating the frustration of contract (Störung der Geschäftsgrundlage) - to commercial lease agreements (Gewerbemiet-/Pachtverträge) in the event of state measures due to the COVID-19 pandemic, as well as an acceleration of court proceedings in this regard.

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