A A A + | -

Article 780. Duty to achieve a specific result and duty of best efforts

(1) The debtor of an obligation which involves a duty to achieve a specific result is bound to achieve that result.
(2) The debtor of an obligation which involves a duty of best efforts is bound, in making its performance, to exercise such skill and care as would be made by a
reasonable person of the same kind in the same circumstances.
(3) In determining the extent to which an obligation of a party involves a duty of best efforts or a duty to achieve a specific result, regard shall be had, among other factors, to:
a) the way in which the obligation is expressed in the contract;
b) the contractual price and other terms of the contract;
c) the degree of risk normally involved in achieving the expected result;
d) the ability of the other party to influence the performance of the obligation.


Annotation:
Origin of the regulation: Article 5.1.4 & 5.1.5 UNIDROIT Principles

Articolul 2164. Grounds for inheritance

Article 1146. Exercise of a preemption right