Basis, hierarchy and limits of specific performance. A strain between two models?

Abstract

Specific performance is regulated in common and civil law by two different approaches. This paper shows the stresses originating from the different understanding of this remedy versus the breach of contract. To reach this, it’s useful to identify the role of specific performance in the common law system and how it works in case of breach of contract. It also required a comparation with civil law.

This allows to analyze the less application of specific performance related to its cost and the purpose of the contract, this can be justified by good faith and abuse of right, discarding the duty to mitigate as a general instrument of control of the contractual remedies.