The Application of Specific Performace in Contractual Relationships

Asta Jakutytė-Sungailienė

Abstract


The civil law tradition considers specific performance the primary remedy for non-performance of obligations, as opposed to awarding damages and termination of contract. In recent years, creditors have rarely sought specific performance due to its costly and complex enforcement. This article focuses on whether specific performance is still efficient in legal practice. Since the fulfillment of monetary obligations is always possible in specie, the article deals with the fulfillment of non-monetary obligations and the enforcement of the court order of specific performance. Moreover, this article focuses on the general rules of specific performance in contract law and also analyses the possibility of demanding the fulfillment of obligations arising from a lease agreement—as lease agreements are distinguished by their continuing performance of obligations being a crucial part of successful commercial practice.

Keywords


specific performance; non-performance of obligation; non-monetary obligation; lease agreement

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236