This book intends to deepen our understanding of the right to specific performance in contract law. It brings together sixteen contributions on various aspects of this important action and on its place in the system of contractual remedies. The volume integrates insights from a more classical (‘dogmatic’) approach with comparative, historical and economic analysis. It includes overviews of the national law of the Netherlands, Belgium, Germany, Scotland and South Africa and of the international regimes created by the CISG, UP, PECL and the European Directive 1999/44. In addition, various aspects of specific performance in these and other jurisdictions are considered. These aspects include inter alia judicial procedure, the duty to carry on negotiations and the enforcement of side-letters.
Introduction (p. 1)
Specific Performance in Dutch Law (p. 11)
Specific Performance in Belgian Law (p. 31)
Specific Performance – a German Perspective (p. 47)
Specific Implement in Scots Law (p. 67)
Contractual Derogation and the Discretion to Refuse an Order for Specific Performance in South African Law (p. 95)
Specific Performance in English Consumer Sales Law (p. 121)
Certain Aspects of the Right of Repair and Replacement under EC Directive 1999/44 and its Implementation in Poland (p. 133)
Specific Performance within the Hierarchy of Remedies in European Contract Law (p. 147)
Specific Performance: Procedural Aspects in Dutch Law (p. 171)
Specific Performance in Summary Proceedings: State of Affairs according to Belgian Law (p. 193)
The Redress of a Terminated Contract in Belgian Law (p. 207)
Enforcement of the Duty to Carry on Negotiations: (should it be) a Possibility in Europe or not? (p. 231)
Enforcement of Side-Letters (p. 253)
Specific Performance: A Historical Perspective (p. 265)
Is the System of Contract Remedies in the Netherlands Efficient from a Law and Economics Perspective? (p. 287)
Do Economic Analysis and Fairness Influence the Right to Performance in Ways Contrary to one Another? (p. 327)
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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.
The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.
Guidelines for the submission of a manuscript or proposal can be found here.
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).