Applicability of Rules for Defective Fulfillment
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Rules regarding default are only applicable to reciprocal contracts
- A service is given in return for the receipt of a service.
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Purpose: Restoring the fairness of (reciprocal) exchange
- Without reciprocity: no need to restore fairness
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Reciprocal contracts
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Money for goods (sales contract)
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Goods for goods (exchange contract)
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Money for service (working contract, service contract)
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Money for use (loan, rent, lease, license agreement)
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Not reciprocal:
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donation contract
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Interest-free loan agreement
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