Division of performance forms with due regard to the aspect of time

1) The element of performance serves the purpose of both, describing obligational relationship and classifying it. Therefore, this element has relevance to the definition of continuous obligation.

2) Obligation contract primarily plays a standard-setting or regulatory role.

3) Reading Article 353 par. 1 of the Civil Code as a standard-setting or regulatory role of legal transactions is justified by the fact that applying the individual norm established by this transaction is not a condition required for a form of obligational relationship. The form also includes a situation in which a debtor fails to perform his obligation and it does not constitute failure to perform or improper performance of the obligation.

4) For certain types of obligational relationships it is a characteristic aspect for a debtor to provide protection (risk incurred). It is not the fulfillment of the obligation, but only willingness to perform it.

5) Having regard to the influence of the time aspect on the extent of the obligation, the following categories must be distinguished: single, continuous and periodical performance. The distinction is exhaustive and separable. In addition to this distinction, which is considered herein the basic distinction of performance according to the criterion of time, the category of divisible and consecutive performance forms can be identified.

6) In terms of continuous obligation as well as periodical performance, there is a direct link between the duration of the obligational relationship and the extent of the obligation (obligations). The link appears also, on a limited scale though, with consecutive performance.

7) In case of continuous obligation, time is an independent parameter of the extent of the obligation. The passage of time is part of the obligation and consequently of the form of the obligational relationship.

8) With respect to periodical performance, the parameter of its extent, next to the element of time, is the performance volume under the obligational relationship. In this case, time has an impact on both, the extent of the particular periodical performance (first-level impact) and the cumulative extent of the obligations (second-level impact).

9) Time has a limited impact on the extent of consecutive obligations. Particular consecutive obligation is a single obligation which means that its extent is not determined by the element of time. The obligation, however, should be performed periodically under the obligational relationship. Time has an impact on the cumulative extent of obligations (second-level impact).