Law 2101 Study Guide - Quiz Guide: Contract, Force Majeure, Fareham
Document Summary
In civil law jurisdictions, it is self-evident that the contracting parties can claim performance of the contract. Not all civil codes have explicitly codified the rule. In germany, it can be derived from 241 (1) bgb and in france, it is derived from art. It is dependent on the contract itself at what point such a claim for performance can be brought. The law supplements the gap in case no time was fixed for performance. The performance must in general entirely match what the parties agreed upon. 1221 cc requires the court to deny a claim for performance if there is a manifest disproportion between its cost to the debtor and its interest for the creditor. German 275 bgb also offers space for denying the claim in case of a futile defect. Even if the claim for performance is in principle always available in a civil law jurisdiction, this does not mean that claiming performance is always useful.
