Trust interest
The trust interest (also negative interest ) denotes the interest of the business parties not to trust (wrongly) the validity of an invalid legal transaction or an invalid declaration of intent . It includes the interest not to be deceived about the validity or not to be deceived about the validity.
If a business party's interest in trust has to be replaced, it must be presented as it would if it had not relied on the validity of the legal transaction. For example, the seller who has effectively challenged the purchase contract must reimburse the buyer for the travel expenses that the buyer has incurred in reliance on the validity of the contract to collect the object of purchase.
The damage that a business party suffers from relying on the existence of the legal transaction is referred to as fidelity .
The interest in trust must be separated from the interest in fulfillment (positive interest). The injured party wants to be treated as if he had never heard of the contract.
literature
- Thomas Ackermann: The protection of negative interest: to link self-binding and sanction in private law , at the same time habilitation thesis University of Bonn 2004, Tübingen: Mohr Siebeck, 2007, ISBN 978-3-16-148823-8 .
- Michael Bohrer: The liability of the disposition guarantor: a contribution to the teaching of the negative trust liability , at the same time dissertation at the University of Munich 1978/79, Ebelsbach: Gremer, 1980, ISBN 3-88212-014-2 .
Individual evidence
- ↑ lexexakt.de , accessed on April 14, 2015.
