In Belgium
An obligation of result (obligation de resultat / resultaatsverbintenis) is a legal obligation whereby a party guarantees a specific outcome. If the result is not achieved, the debtor is presumed at fault. This is stricter than an obligation of means.
In rental law, obligations of result include:
- The landlord’s duty to deliver a property in good condition and fit for habitation
- The landlord’s duty to carry out major repairs
- The contractor’s duty to complete renovation works as specified
- The tenant’s duty to return the property in the condition described in the entry inventory
How it works
Burden of proof. The creditor only needs to prove that the promised result was not achieved. The debtor is then presumed at fault unless they can demonstrate force majeure (an unforeseeable and unavoidable external event).
Force majeure. The debtor escapes liability only if the failure was caused by an event beyond their control: natural disaster, war, government order. Economic difficulty or personal circumstances do not qualify.
Practical significance. For a tenant claiming repairs, the distinction matters greatly. If the landlord’s repair obligation is of result, the tenant simply proves the repair was not done. If it were of means, the tenant would need to prove the landlord was negligent — a much harder task.
Contractual clauses. Parties can sometimes agree to convert an obligation of result into an obligation of means (or vice versa), subject to public order limitations. Certain obligations (e.g. habitability) cannot be downgraded.
Practical example
A contractor is hired to replace the roof of a rental property (cost: 18,000 EUR). After completion, the roof leaks during the first heavy rain. The landlord does not need to prove the contractor was negligent — the obligation to deliver a watertight roof is of result. The contractor must repair the roof at their own cost or prove force majeure. “Unexpected weather” does not qualify as force majeure for a professional roofer.