Content and Limits of the Right to Performance in English, German and Dutch Law

The right to performance is amongst the more controversial topics of comparative contract law and is traditionally considered to be a prominent example of differences between common and civil law jurisdictions. While English law tends to merely exceptionally resort to specific performance, civil law systems such as Germany and the Netherlands routinely grant performance in kind. This presentation will address the doctrinal notions of the right to performance in general and the conditions under which performance in kind is granted. It will then turn to some of the legal doctrines limiting the right to performance in kind, such as impossibility, unforeseen circumstances, hardship and frustration.

A sandwich lunch will be available from 12.30. The meeting will begin at 1pm.