ellenszolgáltatás

ellenszolgáltatás refers to the reciprocal consideration given in a contract. It is a fundamental principle in contract law, particularly in common law systems, though similar concepts exist in civil law traditions. In essence, it means that for a contract to be legally binding, each party must provide something of value to the other. This "something of value" can take various forms, such as money, goods, services, a promise to do something, or a promise to refrain from doing something.

The concept of ellenszolgáltatás distinguishes a contract from a mere gift. A gift is a voluntary transfer of property without any expectation of return. A contract, however, involves a bargained-for exchange where both parties receive a benefit and incur a detriment. Without this mutual exchange, a promise may be considered gratuitous and therefore unenforceable in court.

The value of the ellenszolgáltatás does not need to be equal or adequate. Courts generally do not inquire into the fairness of the exchange; as long as some value is present, the requirement is met. This is often referred to as the "peppercorn theory," suggesting that even a nominal consideration, like a peppercorn, can be sufficient to support a contract. However, extreme inadequacy might, in some circumstances, be evidence of fraud, duress, or undue influence, which could invalidate the contract on other grounds. The ellenszolgáltatás must be something that the law recognizes as having value, and it must be given in exchange for the promise or performance of the other party.