Specific performance in the European codifications of the nineteenth century
PhD student: Dr J. Oosterhuis
Promotors: Prof J.J. Hallebeek, Prof A.J.B. Sirks
Duration: 15/4/2004 - 14/4/2008
PhD defence: Amsterdam, 6/4/2011
The purpose of this thesis is to provide a comparative analysis of the legal position of the creditor under various European codifications of the nineteenth century. What is the historical background of the fact that in the European civil codes of the nineteenth century divergent principles regarding the performance of obligations, i.e. performance in natura or pecuniary damages, have been codified? What has been the development of these principles during the nineteenth century? Have these divergent principles resulted in fundamentally different legal positions of the creditor: that he in a similar situation in the one system could receive specific performance, whereas in the other he could only receive damages?
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