Põhikohustus

Põhikohustus is an Estonian legal term that translates to "main obligation" or "primary duty." It refers to the fundamental and most important duty that a party in a contract or legal relationship is bound to perform. This is distinct from secondary obligations or ancillary duties, which are often dependent on or support the main obligation.

In contractual law, the põhikohustus is the core promise that defines the essence of the agreement. For example, in a sales contract, the seller's põhikohustus is to transfer ownership of the goods, and the buyer's põhikohustus is to pay the agreed price. Failure to perform the põhikohustus typically constitutes a material breach of contract, leading to significant legal consequences, such as termination of the contract or liability for damages.

The identification of the põhikohustus is crucial for interpreting contractual intent and determining the rights and responsibilities of the parties. Courts will often look to the agreement's purpose and the parties' reasonable expectations to ascertain what constitutes the main obligation. While the term is primarily used in contract law, it can also apply to other legal relationships where a primary duty is established. The specific nature of a põhikohustus will vary greatly depending on the type of legal relationship and the terms agreed upon by the parties.