A Comparative Study on Enforced Performance

Whenever the debtor does not perform obligations under the contract, should the court order performance upon the request of the entitled creditor? As a core concept in remedies for breach of contract, this thesis would discuss the development of enforced performance in different legal systems from historical, comparative and the harmonization of contract law approaches.

This thesis is mainly composed of five chapters:
(1) Chapter 1 would be the introduction, which is devoted to give an overview of agenga setting, question consciousness, and research methods in the thesis.
(2) Chapter 2 would deal with enforced performance from a historical approach, consisting of Roman law and Mediaeval law.
(3) Chapter 3 would lays emphasis on the analysis on the comparative law, inclusive of enforced performance in common law systems (English law, American law), civil law systems (German law, French law, Dutch law, Belgian law, Scandinavian law, Japanese law, and Chinese law ), and mixed legal systems (Scott law, South African law.)
(4) Chapter 4 would introduce the reformation of enforced performance in the documents of international harmonization of contract law, such as ULIS, CISG, PICC, PECL, DCFR, and Proposal for CESL.
(5) Chapter 5 is the conclusion and prospect. This chapter would set forth the development of related concepts in Civil Code of Taiwan, thereafter make conclusion for the basic issues in the thesis.