通常情况下,德国法中的债权人迟延和给付不能之间难以发生界定困难的问题。但是在部分案情中这是非常难以实现的。传统的“抽象模式”并不正确,界定债权人迟延和给付不能之间的唯一标准是给付的可补正性。而债权人迟延或给付不能的原因仅影响之后的法律效果。 Often, it is difficult to demarcate between the deferral of creditors and the failure to pay in German law. But in some cases this is very difficult to achieve. The traditional “abstract model” is not correct. The only criterion that defines the delay between the creditors and the failure to pay is the correctness of the payment. The reasons for the creditors’ delay or failure to pay can only affect the legal effect thereafter.