Specific performance
From Equity (common law) and civil law
Contract and obligations
What it means
A court order that a party actually do what the contract promised, instead of paying damages for not doing it.
Why it travels badly
In common law, damages are the normal remedy for breach, and an order to perform is an exceptional, discretionary remedy from equity. In civil-law systems, a claim to have the contract performed is the starting point, and damages come second. So the same contract can lead to opposite first remedies.
How other systems say it
specific performance
Available only where damages would be inadequate, as with land or unique goods, and always in the court's discretion.
exécution forcée en nature (art 1221 Code civil)
A creditor may demand performance in kind after notice, unless it is impossible or manifestly out of proportion to the cost to the debtor.
Erfüllungsanspruch (§ 241 BGB)
The creditor has a right to performance, which can be enforced. Damages for failure come in addition, or when performance is impossible (§ 275 BGB).
Tip for translators and students
When translating 'specific performance' into a civil-law language, explain that it is a remedy a court may or may not grant, not the creditor's basic right.
See the Legal Dictionary entry →
Related: Equity, Obligation and Schuldrecht, Force majeure and frustration
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
