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Part XI Remedies for Breach of Contract, 43 Specific Performance

From: Global Sales and Contract Law (2nd Edition)

Ingeborg Schwenzer, Edgardo Muñoz

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
14 June 2022
ISBN:
9780198871255

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 September 2023

Subject(s):
Performance of contract — Conformity of goods — Interests in common

This chapter tackles specific performances. Legal systems disagree as to whether the default system should envisage an obligee’s claim for specific performance at all. The chapter notes how interests are considered before granting specific performance. It also includes how specific performances are often referred to as either right or remedy. Civil law legal systems are favorable due to their claims for specific performance. The chapter then explains the special rules that enable the obligee to effect specific performance outside genuine enforcement proceedings. It mentions the possibility of substitute performance at the obligor’s expense.

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