43.01 From a comparative perspective the claim for specific performance is treacherous ground. It is among those issues where there are not only fundamental differences in approaches by legal systems but where these differences are rooted in centuries-long legal tradition. As a very general statement, the central issue is the question of whether the claim for specific performance is or should be available to the obligee and, if so, to what extent that claim should be available. In other words, legal systems disagree as to whether the default system should envisage...
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