Abstract: The specific performance has been recognized in new China Contract Law. Actually, China Contract Law recognized three forms of remedies for aggrieved party, namely, damage, remedial measures and specific performance. However, it should be noted that Article 110 of China Contract Law provided some limitations for awarding specific performance by court, namely, the performance to be impossible in law or in fact, or the cost of performance to be so excessive, as well as, the aggrieved party does not require for implementation of specific performance within a reasonable time. This Article attempt to analysis the legal limitations of Chinese courts to award specific performance to the aggrieved party in result of contractual obligations and with regard to provision of Article 28 of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Keywords: specific performance, limitation, China Contract Law, the CISG.
Title: Limitations of Specific Performance in the China Contract Law and the Convention on Contracts for the International Sale of Goods (CISG)
Author: Dr. Hedayatollah Shenasaei, Dr. Maggie Qin, Faramarz Shirvani
International Journal of Management and Commerce Innovations
ISSN 2348-7585 (Online)
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