Specific Performance in the Draft Common Frame of Reference

Hayk Kupelyants

Abstract


The paper undertakes a policy analysis of the remedy of specific
performance. It compares the approach of the Draft Common Frame of Reference with the domestic legal systems of selected common law and civil law countries of the European Union with respect to specific performance. The paper then turns to two dilemmas facing any policy judgment about the availability of the specific performance showing no insurmountable policy argument against the remedy. Afterwards, the remedy of specific performance is placed within the framework of legal certainty. In concluding the paper, a case is be made for the general availability of specific performance as fostering legal certainty within the European legal space.

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