Applicability of Rules for Defective Fulfillment

  • Rules regarding default are only applicable to reciprocal contracts

    • A service is given in return for the receipt of a service.
  • Purpose: Restoring the fairness of (reciprocal) exchange

    • Without reciprocity: no need to restore fairness
  • Reciprocal contracts

    • Money for goods (sales contract)

    • Goods for goods (exchange contract)

    • Money for service (working contract, service contract)

    • Money for use (loan, rent, lease, license agreement)

  • Not reciprocal:

    • donation contract

    • Interest-free loan agreement