56. This provision is often highly negotiated by the lawyers of the parties concerned. The buyer`s lawyer will usually try to prolong the survival of the insurance and guarantees as long as possible, while the seller`s lawyer seeks the opposite. In the present circumstances, we are dealing with the right of possession over Faust`s soul. And to the extent that both parties consider that the soul exists eternally, the corresponding survival should last for eternity. Otherwise, it would be allowed that if a guarantee and a guarantee after survival are discovered as unsure, Mephistopheles would have no recourse under the agreement to bring an action for damages. An agreement with the devil does not mean that there is satanic worship! An agreement is an agreement between the opposing parties. Fist is independent; Faust does not worship the gods, if he wants to overcome them or become one himself.1 He would not worship the devil. The pact of Faust with Mephisto (circa 1840) by Julius Nisle.The pacts with the devil are signed in blood, which means that the person concerned is the object that is offered and that it is not an ordinary agreement. In the form of the agreement, the legend suggests that a performance contract (unlike a cash contract) is more appropriate in the current circumstances. Both Goethe and Marlowe`s texts examine a transactional structure made up of Faust`s promise to transfer his soul to Mephistopheles, when mephistopheles produces Faust`s beautiful moment. The promise is forward-looking and subject to conditions; No immediate benefits are envisaged. At the same time, it should be noted that this is not a conditional sales contract.
Mephistopheles does not take possession of Faust`s soul first (at least not literally) just to get ownership of it at a later date (e.g.B. at the time of delivery of the purchase price – the “beautiful moment”). Although the obligation to deliver the purchase price is a condition precedent for the conclusion of the transaction (i.e. the transfer of Faust`s soul). 57. Faust and Mephistopheles entered into a performance contract for the sale of Faust`s soul. This means that, although the agreement has been concluded by the parties, their conditions will only be met at a later date. For the lawyers who design the contract, the question arises as to how the parties should behave in the meantime. .