The capacity of \(S_1\) to act is not granted by a right. The framework establishes under what conditions a duty arises for \(S_2\) in relation to \(S_1\), and what that duty consists of.
Symbols
| Symbol | Meaning |
|---|---|
| \(S_1\) | the subject in relation to whom a duty arises for \(S_2\) |
| \(S_2\) | the second subject, who incurs a duty in relation to \(S_1\) |
| \(C\) | the conditions under which the duty of \(S_2\) arises |
| \(E\) | circumstances and events that are not actions of \(S_1\), if they form part of \(C\) |
| \(A\) | actions of \(S_1\) that form part of the conditions \(C\) |
| \(R\) | the behavior required of \(S_2\) in relation to \(S_1\) |
| \(O_{S_2}(R)\) | the duty of \(S_2\) in relation to \(S_1\), whose content is \(R\) |
Behavior here means action, refraining from action, or a combination of both.
Conditions and Performance
\[
C \Rightarrow O_{S_2}(R)
\]
Depending on the norm, \(C\) consists of \(E\), \(A\), or a combination of them. Before \(C\) occurs, the relation has already been specified by the rule; after its occurrence, the duty of \(S_2\) becomes concrete. Behavior in accordance with \(R\) fulfills that duty.
If \(C\) includes \(A\), the arising of the duty of \(S_2\) depends on one or more actions of \(S_1\). Alongside them, \(C\) may include circumstances and events \(E\).
A legal trap: treating an action of \(S_1\) described by law as mandatory as a separate \(O_{S_1}\). If the arising of \(O_{S_2}(R)\) depends on that action, it already belongs to \(A\) and forms part of \(C\). A separate \(O_{S_1}\) should be added only if its own conditions and required behavior are established.
If \(S_1\) must communicate their choice or demand in order to determine precisely which behavior \(R\) is mandatory for \(S_2\), and from what moment, then that communication belongs both to \(A\) and to \(C\). If, however, the norm has already determined the duty and the moment when it arises upon \(E\), a later communication merely informs \(S_2\) of a duty that has already arisen.
An exhaustive list of possible demands describes the norm. Whether the demands are compatible is a separate question. The absence of other demands is not placed in \(E\): not making a demand describes the behavior of \(S_1\) and is not a universal condition of every row.
Failure to perform another \(R\) within the specified time may be included in \(E\) in the next row. A payment deadline inherited from another demand specifies the deadline for fulfilling \(O\), not a condition for its arising.
A consequence is not placed in \(C\). The termination of the consumer’s contractual duties is a result of withdrawal, not a new duty of the service provider. If, following withdrawal, the provider must return money received, the conditions for that duty’s arising are analyzed separately.
Type of \(O\)
Assistance means performing a positive action for the benefit of \(S_1\).
Non-interference means not obstructing \(S_1\).
One relation may be mixed if the norm requires \(S_2\) both to perform a positive action and to refrain from an action.
Analysis Table
Each row records one duty of \(S_2\) in relation to \(S_1\).
| Field | What to record |
|---|---|
| Norm | clause, paragraph, or separate requirement |
| \(E\) | circumstances and events that are not actions of \(S_1\) |
| \(A\) | actions of \(S_1\) on which the arising of \(O_{S_2}(R)\) depends, if such actions are necessary |
| Type of \(O\) | assistance, non-interference, or mixed |
| \(O\) | which behavior \(R\) is mandatory for \(S_2\) |
Some rows do not establish a new \(O\). They specify a time window, the amount or extent of performance, or who confirms that \(C\) has occurred.
Boundary of the Framework
The framework analyzes what a norm connects. It does not settle why the behavior is necessary: the condition under which a duty arises and the ground of its binding force are different things.
The general construction of duty: Duty as Required Behavior When Conditions Arise. The case involving an action of \(S_1\): Right as a Mandatory Relation to the Subject’s Action.
