Hovedforpliktelsen

Hovedforpliktelsen, or principal obligation, is a term used in contract law to describe the central duty that a party undertakes to fulfill in a contract. It denotes the core performance the contract is meant to secure, as opposed to ancillary or collateral obligations that support or secure that performance, such as information duties, confidentiality, or guarantees.

In bilateral agreements, each party typically has its own hovedforpliktelse that constitutes the essential promise of the contract. For example, in a sale of goods contract, the seller’s hovedforpliktelse is to deliver conforming goods, while the buyer’s hovedforpliktelse is to pay the agreed price. In other types of contracts, the exact main obligations will reflect the central purpose of the agreement. Alongside hovedforpliktelser, contracts may also contain tilleggsforpliktelser or ancillary obligations that facilitate performance or provide security, such as warranties, reporting obligations, or guarantees.

Breach of the hovedforpliktelsen gives rise to remedies for the non-breaching party. Typical remedies include taking performance (specific enforcement), claiming damages for the breach, or terminating the contract if the breach is material or if performance becomes impossible. The status of the hovedforpliktelsen can influence risk allocation, limitation periods, and the availability of remedies.

Transfer and modification: The main obligation can sometimes be assigned or substituted under contract law, subject to any consent or restrictions set forth in the agreement. Termination often hinges on whether the hovedforpliktelsen has been substantially performed or if non-performance makes continued cooperation untenable.

In summary, the hovedforpliktelsen is the principal performance obligation at the heart of a contract, with remedies and implications that shape how contracts are interpreted and enforced.