§ 313 BGB and governmental Corona measures - “Course Correction” for commercial leases

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With our blog post of December 14, 2020, we had already pointed out the corresponding legislative initiative. In record time, two new provisions on commercial leases (excluding residential leases) were subsequently adopted on December 17 and 18, 2020. Article 240 § 7 of the Introductory Act to the German Civil Code (EGBGB) refers to the effects of the COVID-19 pandemic on lease agreements while § 44 of the Introductory Act to the German Code of Civil Procedure (EGZPO) stipulates an acceleration requirement for actions in connection with rent reductions. The new law entered into force on 31 December 2020. The provisions - and our comments below - apply equally to leasehold contracts.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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