Treatise On The Development Of Specific Performance And The Revelation

Specific performance as one kind of remedy is acknowledged in both Civil Law Systemand Common Law System. But it was different on the specific performance of theapplicability between the two legal systems in the past. In principle the creditor was entitledto specific performance in Civil Law System, only in the case with additional restrictiverequirements before he can claim damages. In principle the court only gave relief to theinnocent party for damages, only in the case of proved insufficient damages can he possiblyget the specific performance judgment in Common Law System. But some scholars accountthat the gap on the specific performance in the two legal systems has been narrowed in recentyears. But the reasons of this conclusion seems has not been clearly clarified, it seems thatthere are issues to be resolved. Sothis article analyzes legislations of specific performance inCivil Law System and Common Law System through comparative research and historicalresearch methods. It strives to dig out the specific changes on the specific performance andseveral elements that not easy to be found, which improve this change in Civil Law Systemand Common Law System. It puts forward the view of understanding and application of therelevant provisions of specific performance in China’s "Contract Law". This article is in orderto solve our legal issues of specific performance.This article consists of the introduction subject and conclusion.The introduction mainly introduces the causes and significance of this article. It includesresearch object, purpose and methods of writing and structure of this article.The subject consists of four parts.The first part, analyzes the development of specific performance in Civil Law System.This part mainly investigates and analyzes the specific changes on specific performance in themajor countries in Civil Law System and to analyze the reasons for these changes occur.The second part, analyzes the development of specific performance in Common LawSystem. This part mainly investigates and analyzes the specific changes on specificperformance in the major countries in Common Law System and to analyze the reasons forthese changes occur.The third part, analyzes the development of specific performance at the internationallevel. This part mainly investigates and analyzes the specific performance of specific provisions in the "International Convention on the contract of sale of goods" and "GeneralPrinciples of International Commercial Contracts". It is aimed at exploring the specificreasons of specific performance at the international level to get uniform application.The fourth part, this part investigates and analyzes the development process of China’sspecific performance. Put forward its own views about China’s "Contract Law" on specificperformance of the understanding and application of the provisions to further propose thesuggestion of improving it.Finally, concludes the article and generalize the main message in the article. Regard it asthe conclusion.