On Specific Performance in Civil Law and Enforcement Costs
AbstractAbstract: We argue that enforcement costs, ignored in the literature on ‘efficient breach’, are important for the choice of contract breach remedy. Empirically we find that specific performance is almost never claimed in Civil Law countries. It involves forcing a party in breach to perform actions while damages involves extracting only a monetary payment. The former is more difficult and more coercive. We study enforcement rules of Denmark, France and Germany. Enforcement of specific performance is absent in Denmark and weak in France. In Germany it seems stricter, which points to the importance of costs of enforcement to the claimant.
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Bibliographic InfoPaper provided by Copenhagen Business School, Department of Finance in its series Working Papers with number 2000-10.
Length: 24 pages
Date of creation: 01 May 2001
Date of revision:
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Postal: Department of Finance, Copenhagen Business School, Solbjerg Plads 3, A5, DK-2000 Frederiksberg, Denmark
Phone: +45 3815 3815
Web page: http://www.cbs.dk/departments/finance/
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Find related papers by JEL classification:
- A00 - General Economics and Teaching - - General - - - General
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Edlin, Aaron S & Reichelstein, Stefan, 1996.
"Holdups, Standard Breach Remedies, and Optimal Investment,"
American Economic Review,
American Economic Association, vol. 86(3), pages 478-501, June.
- Aaron S. Edlin & Stefan Reichelstein, 1997. "Holdups, Standard Breach Remedies, and Optimal Investment," NBER Working Papers 5007, National Bureau of Economic Research, Inc.
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