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Part XI Remedies for Breach of Contract, 43 Specific Performance

From: Global Sales and Contract Law

Ingeborg Schwenzer, Pascal Hachem, Christopher Kee

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
26 January 2012
ISBN:
9780199572984

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 May 2023

Subject(s):
Remedies for breach of contract — Performance of contract — Specific performance and damages
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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