Law 5110 Study Guide - Quiz Guide: Common Rule, Specific Performance, Force Majeure
Document Summary
This is, of course, different if a party has an interest in obtaining a specific good, but in the case of products that are readily available on the market, this is a commercially viable solution. In civil law jurisdictions it is self-evident that the contracting parties can claim performance. Nl: allows performance even if it is grossly disproportionate. Fr: also allow a claim for performance in cases where the creditor seems to suffer only little harm or inconvenience. Ge: 275 bgb offers more space for denying the claim. Impossibility of performance: absolute impossibility: this means that performance is objectively impossible. The rule of genus non perit means that in cases where generic goods are sold, there can never be a case of absolute impossibility. Thus, impossibility of performance only exists if any type of performance has become impossible. All is different in cases of specific goods. This doesn"t render performance absolutely impossible, but it does make it prohibited.
