The Material Scope of the Contractual Obligation: The Main Issues of Due Completion and Bona Fide Performance

The subject of the contract is the service which shall be performed by the debtor for the creditor. The meaning of the terms “shall” and “may require” is rather complex. The service is the true framework institution of the law of obligations (contract law), just as possession is of the rights in rem...

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Bibliographic Details
Published inErdélyi Jogélet (Online) Vol. 4; no. 3; pp. 55 - 64
Main Author László Leszkoven
Format Journal Article
LanguageHungarian
Published Scientia Publishing House of the Sapientia Hungarian University of Transylvania 01.04.2024
Subjects
breach of contract
contractual obligation
deflation of interest
performance of the obligation
service of the obligation
subject matter and content of the contract
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ISSN2734-7095
DOI10.47745/ERJOG.2023.03.05

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Summary:The subject of the contract is the service which shall be performed by the debtor for the creditor. The meaning of the terms “shall” and “may require” is rather complex. The service is the true framework institution of the law of obligations (contract law), just as possession is of the rights in rem. The service measures what the debtor is required to provide. And not only the what, when, how much, and where will depend on the proper interpretation of the content and subject matter. The scope also determines the final limit of the effort that can be required of the debtor. In more than one respect, the correct filling in of the content requires serious scientific attention.
ISSN:2734-7095
DOI:10.47745/ERJOG.2023.03.05