Fulfillment interest
The interest in performance , even positive interest , represents the interests of the creditor as to the proper fulfillment of the contractual obligation , even a breach of contract to prevent.
If the debtor has to replace the interest in performance, he must position the obligee as he would if the debtor had properly fulfilled the obligation. For example, the seller obliged to replace must replace the profit that the buyer could have achieved by reselling the object of purchase if it had been properly delivered to him by the seller.
The damage that arises from the fact that the contractual obligation is not or not properly fulfilled is called performance damage .
The interest in performance must be distinguished from the interest in trust (negative interest).
literature
- Christina Maslow: The protection of the immaterial performance interest in the event of a breach of contract through damages: a comparative study on the basis of German and English law , dissertation, Albert-Ludwigs-Universität Freiburg, 2014, Mohr Siebeck, Tübingen 2015, ISBN 978-3-16-153366 -2 .
- Georg Zander: The insurance of the fulfillment interest of the private client: an investigation into the feasibility of property-related insurance protection , dissertation, University of Konstanz, Konstanz, 2017, Baden-Baden: Nomos, 2018, ISBN 978-3-8487-4696-5 .
