Maarten Smits, ‘Efficient Breach and the Enforcement of Specific Performance’

Introduction:
… this contribution will be about stipulating that there is a common core in contract law in the two major counterparts in the European legal order, common law and civil law. This common core is growing and indications of convergence can be found in several oppositions that are getting less contrasting. Changes that show there might in fact be convergence between the two major systems, can be found in the approach to breach of contract. Breach of contract can be devastating to one or both of the parties; hence the importance to take an approach that makes sure the parties that are compromised by the breach don’t have to suffer unnecessarily. On the other hand, there is a limit on what can be asked of the breaching party. In some cases both parties can be better off with the breach than without …” (more)

Maarten HJ Smits, ‘Efficient Breach and the Enforcement of Specific Performance’ (LLM Privaatrecht, Amsterdam Law School, June 2014).

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