The ways of Requirement to Specific Performance

Abstract

One of the most important rules that has been accepted in whole legal systems, is irrevocability of contracts whose the most clearest conclusion consists in the complete fulfilment of any contract by parties to it. Sometimes although the contract is absolutely valid and in force and the obligations there are applicable, the obligator does not fulfill his/her obligations without any justified excuse and deprive the other party of the benefits of the contracts. So every legal system on the basis of its theorical bases introduce some methods for requiring the refusing obligator in order to protect the obligee contractual rights. One of the significant ways and sanctions which have been considered and applied in some national legal systems is called fine. But there are, in addition to it, another ways for requiring the contract parties for example collateral and Punitive damages. The aim of Punitive damages is requiring the refusing obligator but the aim of collateral is determination of contractual liability or determination of violation damage or requiring the refusing obligator. In addition the base of Punitive damages comes from public order but in collateral, it comes from meeting of minds. Anyway, in this article, after introducing these ways perfectly, we will compare them.

Keywords

• fine
• liquidated damages
• punitive damages
• blood money
• cntract
• obligation