Research On Specific Performance System In The Remedies For Breach Of Contract

This thesis aims to explain the different roles of specific performance in theremedies for breach of contract respectively in Common Law System and Civil LawSystem through comparative and economical methods and then attempts to clarify theappropriate role of specific performance in the remedies for breach of contract inchina. Chapter One is the foreword which introduce the reasons of this thesis. ChapterTwo deals with the role of specific performance in the Common Law System.Specific performance is applied as an exceptional remedy due to the relation betweenthe equity law and the common law. Moreover, there are strict restraints on theapplication of specific performance. But many prejudications indicate the increasingapplication of specific performance to some extent in lately years. Chapter Threefocuses on the role of specific performance in the Civil Law system. As rooted in theRomantic tradition, specific performance is taken as the Universal Remedies forbreach of contract. Chapter Four introduce some International Conventions which areendeavored to the unification of the two law systems. Chapter Five make comparisonof specific performance and damage economically and through the criticism of theefficient breach theory, make a conclusion that specific performance is moreefficiency than damage. Chapter Six analyse the specific performance in legislationand justice. Based on the analysis of the foregoing chapters, author conclude that weshould establish specific performance as the universal remedy in our contract law.Legislation should stipulate the detailed circumstances of withholding application,stipulate enforced process of court to make the regulation easily manipulate otherthan a symbolic claim which cannot met in practice.