| 英文摘要 |
As far as the way of remedy of non-performance is concerned, in civil law it is based on specific performance, and damage as exception. But in other hand, in common law it awards damages in principle, and only if damages could not adequately compensate the plaintiff for his/her loss, then equity court may grant specific performance as an alternative to awarding damages. In accordance with the demand for internationalization and globalization, the legislators of international uniform contract law instruments cleverly combine such two ways together, and blend them into a well-balanced masterpiece integrating civil law and common law, that is, they take specific performance as remedy of non-performance and also adopt the boundary of specific performance which is set in common law. In order to clearly draw an adequate boundary of specific performance, this article will base on the regulations in CISG, PICC, PECL and DCFR to analyze and organize a modern and uniform framework of specific performance, and compare the differences between them, especially clarify the relationship between force majeure exception and specific performance. |
