päävastuun

Päävastuu, or main liability, is a legal concept referring to the primary obligation to fulfill a duty or compensate for damages arising from an action or contract. It designates the party that bears the principal risk if performance is deficient, delayed, or faulty, as determined by the terms of a contract or by applicable law. Päävastuu is typically contrasted with secondary or subsidiary liability, which may apply only after certain conditions are met or alongside the main obligation.

In practice, a contract often allocates päävastuu to the party responsible for delivering a service or product. If the obligation is not fulfilled or if defects occur, the party with päävastuu is primarily liable to the other contracting party for remedies such as damages, repair, or replacement. The concept is also present in tort or delict scenarios, where the actor who caused the harm bears the main liability, though other parties can share or transfer liability under certain circumstances.

Päävastuu is common in fields like construction, procurement, and service provision, where clear allocation of responsibility helps manage risk and set remedies. For example, a main contractor usually holds päävastuu for the overall project, including the performance of subcontractors, unless the contract specifies otherwise.

Limitations and variations may arise from contractual clauses, insurance arrangements, or statutory provisions, which can cap liability, modify who bears the main obligation, or create exceptions. The term is a standard element of Finnish contract and civil-law language, and its exact scope depends on the applicable agreement and legal framework.