Participants in an obligations relationship must fulfil their obligations with the level of diligence required in the relevant type of obligations relationship (diligence of a good businessman or diligence of a good manager). When performing obligations arising from their professional activities, they must act with greater diligence, following professional standards and customary practices (diligence of a good expert).61
This diligence is determined objectively, regardless of individual characteristics, and is based on the average qualities of an abstract person in a specific legal relationship. The required diligence corresponds to that of a person with ordinary knowledge and the experience expected in the given legal circumstances. This means that individuals or organisations must act with the care that a similarly skilled professional with the necessary knowledge, experience, and competence would demonstrate.
The legal nature of the obligations relationship, the subject matter of the contract, the quantity of goods or services, the method of performance, and other circumstances influence the required level of diligence. The law specifically emphasises that the characteristics of the participants affect the degree of diligence required. Those fulfilling obligations as part of their professional activities are expected to demonstrate a higher level of diligence, known as the diligence of a good expert. This applies particularly to business entities and other professionals who engage in commercial activities regularly and for profit. Stricter standards apply to them, meaning they must adhere to professional rules and industry customs.
Professional rules represent the specialised knowledge of participants within a particular business sector. The assessment of diligent conduct is not based on the average person but on the average person within the relevant professional field, for example, an average furniture salesperson.
Example: A doctor must perform their duties with the care and expertise expected of a medical professional to protect the health and well-being of the patient.
