Fulfillment transaction
Under the fulfillment business is understood in the jurisprudence , a transaction acting on the fulfillment of a claim is directed.
General
In the specialist literature , fulfillment and disposition transactions are very often used as synonyms . However, the terms are not congruent and therefore not synonyms. The content of the transaction is the transfer ( transfer of ownership , assignment ), encumbrance , cancellation or change in the content of a legal transaction. The fulfillment transaction aims only at the fulfillment of a claim. If a supply transaction is used to fulfill an obligation transaction, then this supply transaction is also called the "fulfillment transaction". A claim is lost when a performance transaction is carried out. In Germany , this effect is regulated in Section 362 (1) BGB .
Demarcation
Not every fulfillment transaction is a disposition transaction. If, for example, a preliminary contract is fulfilled by entering into the main contract - promised herein - it is a fulfillment transaction, a disposition transaction is not associated with it. Not every transaction is a fulfillment transaction because dispositions cannot serve to pay off a liability . Therefore, the repayment of a monetary debt is a performance, but not a disposition.
The transfer of ownership represents the normal case of the fulfillment transaction. There are also claims that are met through other types of legal transactions, for example through assignment, waiver or ordering a mortgage . Not all claims are met through a legal transaction. It is also possible to fulfill it through real act , for example when returning a borrowed book.
