TY  - BOOK
AU  - Oosterhuis,Janwillem
TI  - Specific performance in German, French and Dutch law in the nineteenth century: remedies in an age of fundamental rights and industrialisation 
T2  - Nijhoff eBook titles
SN  - 9789004202283
AV  - KJC1564.5 .O57 2011
U1  - 346.02/2 22
PY  - 2011///
CY  - Leiden, Boston
PB  - Martins Nijhoff Publishers
KW  - Specific performance
KW  - France
KW  - History
KW  - 19th century
KW  - Germany
KW  - Netherlands
N1  - Includes bibliographical references (p. [591]-610) and index; Preliminary Material -- Introduction -- Specific Performance before the Nineteenth Century -- Specific Performance as Primary Remedy -- Damages as Rule -- Specific Performance as an Exceptional Remedy -- Summary and Conclusions -- Bibliography -- Index of Names -- Index of Sources -- Index of Cases; Available to subscribing member institutions only
N2  - The current French, German and Dutch Law of Contract each offer a remedy of specific performance to creditors suffering from breach of contract. This book analyses the alterations to this remedy during the nineteenth century on the substantive, procedural and enforcement levels. Fascinatingly, there is a link between changes to the remedy and the development of early human rights and the mass industrialisation of society. The latter had the effect of actually converging the national remedies of specific performance in the examined systems: damages and rescission became more accessible as remedies at the cost of specific performance. The book demonstrates the interdependency between law and society and provides vital background information to the harmonisation of a controversial concept in the European Law of Obligations.    Studies in the History of Private Law , volume 2
UR  - http://dx.doi.org/10.1163/ej.9789004196056.i-638
ER  -