Equivalency interest
The equivalence interest is a legal term from German jurisprudence . As equivalent interest, the interest of a contractor is in compliance with the obligations , referred to as evidenced by the underlying obligation arise. The contractually owed main and secondary obligations are equally affected . The aim is therefore that the other contracting party performs the service completely and free of defects. It is therefore not uncommon to call it performance interest .
If a seller cannot perform completely and free of defects, for example because the thing sold has perished, he must, under certain circumstances, compensate for the damage suffered by the buyer because the thing was worth more than the purchase price actually paid.
The counterpart to the equivalence interest is the integrity interest . The integrity interest relates to non-performance-related secondary obligations of a contract, which include duties of care, protection and consideration.
The distinction between the two terms is particularly important in damage law .
literature
- Dieter Medicus : Civil law. A presentation for exam preparation, arranged according to the requirements. Heymanns, Cologne 1968. 23rd, revised edition with Jens Petersen : Vahlen, Munich 2015, ISBN 978-3-8006-3908-3 , Rnr. 209c (scheme).
