On Actual Performance In The Relief System In The Sale Of Goods Default Status

This Thesis aims to explain the different meanings and roles of specific performance in the remedies for breach of contract respectively in Common Law System and Civil Law System through historical and comparative analysis and illustrate efforts and insufficiency of United Nations Convention on Contracts for the International Sales of Goods with respect to the unification of specific performance and then attempts to economically and theoretically clarify the appropriate role of specific performance in the remedies for breach of contract.Chapter One deals with the meaning and role of specific performance in the Common Law System. Specific performance is applied as an exceptional remedy due to the relation between the equity law and the common law. Moreover, there are strict restraints on the application of specific performance. However, the analysis of United Commercial Code demonstrates the increasing application of specific performance to some extent.Chapter Two focuses on the meaning and role of specific performance in the Civil Law System. As rooted in the Romantic tradition, specific performance is taken as the universal approach for correcting non-performance. German and France represent two legislative models of specific performance.Chapter Three make clear the specific performance in the United Nations Convention on Contracts for the International Sales of Goods, which is endeavored to the unification of the two law systems with respect to the sales of goods.Chapter Four, based on the analysis of the foregoing three chapters, aims to make comparison of specific performance and damage, especially economically. And through the criticism of the efficient breach theory, the appropriate role of specific performance is further clarified.It is concluded that establishing specific performance as the universal remedy is a desirable approach.