Synallagmatic contract

Synallagma (from Greek συνάλλαγμα "barter trade " ) refers to the reciprocity or exchange ratio of two performances in Contract: The makes a part, so that he ( the fee ) gets the return and vice versa, the principle of " do ut des " (Latin ) I give so that you give. Usually, a distinction is made between the genetic Synallagma ( promise of performance against promise of return and vice versa ) and the functional Synallagma ( fulfilling the obligation to satisfy the consideration requirement and vice versa). The imposing mutual performance obligations are always our main service obligations, because of them, the contract is ever closed.

Synallagmatisches money on the example of the typical law- purchase agreement in accordance with § 433 German Civil Code: The seller promises the surrender and transfer of ownership of the goods because the buyer promises to their acceptance ( acceptance ) and the purchase price, and vice versa.

Among the mutual ( or even imposing mutual pecuniary interest ) contracts are the most important treaties of the German civil law, such as purchase, (§ § 433 ff BGB), rent (§ § 535 ff BGB), service, and especially employment (§ § 611 ff BGB) and contract (§ § 631 ff BGB).

The opposite form the two-sided ( Free) contracts in which both partners are also required to make payments, but not in the reciprocal relationship. Example Loan (§ § 598 ff BGB): The lender grants the borrower free of charge the use of the thing, he is obliged to return. When loans ( § § 488 ff BGB) " it depends": The interest-bearing loans ( loans complacency among friends, acquaintances ) shall be free, interest-bearing loan is a mutual contract ( provision of capital against interest payment ).

Legal Significance: There are special provisions in the law of power disturbances for mutual ( assumed reciprocal ) contracts (§ § 320 ff BGB ), such as the principle of " No service, no return " (§ 326 para 1 sentence 1 BGB ); see price risk, or the defense of breach of contract (§ 320 BGB ), which leads to the power train to train.

The accounting law Synallagma are the compensation area at the time of creation of a provision for anticipated losses from pending transactions according to § 249 HGB.