A A A + | -

Article 913. Enforcement of non-monetary obligations

(1) The creditor is entitled to enforce specific performance of an obligation other than one to pay money.
(2) Specific performance includes the right of the creditor:
a) to seek the remedying free of charge of a performance which is not in conformity with the terms regulating the obligation;
b) in case of non-performance by the debtor of an obligation to deliver a property, to ask that the property be taken from the debtor and given to the creditor;
c) to seek that all that is made in breach of an obligation not to do be destroyed or be authorized to destroy itself and place the costs on the debtor.
(3) Specific performance cannot, however, be enforced where:
a) performance would be unlawful or impossible;
b) performance would be unreasonably burdensome or expensive unless the creditor cannot obtain a similar performance from a third party;
c) performance would be of such a personal character that it would be unreasonable to enforce it.
(4) The creditor loses the right to enforce specific performance if performance is not requested within a reasonable time after the creditor has become, or could reasonably be expected to have become, aware of the non-performance.
(5) The creditor cannot recover damages for loss or a penalty to the extent that the creditor has increased the loss or the amount of the penalty by insisting unreasonably on specific performance in circumstances where the creditor could have made a reasonable substitute transaction without significant effort or expense.
(6) The fact that a right to enforce specific performance is excluded under paragraphs (3) or (b) does not preclude a claim for damages.


Annotation:
Origin of the rule: Article III. – 3:302 & III. – 3:303 DCFR

Articolul 2164. Grounds for inheritance

Article 1088. Promise to cause a third party to act