11.1 Introduction

As the primary remedy, the right to specific performance of a contractual obligation has acquired a special place in Dutch law. In principle, an obligor has the right to performance of the contractual obligation(s) that the obligee has contracted to perform. If the ancillary conditions are met, the obligor can furthermore claim the subsidiary remedies of damages and termination of the contract. This research has focused on where the boundaries of the right to specific performance lie, as well as how far these boundaries may need to be further defined or amended. The central research question is therefore:

What are the boundaries to the obligor's right to specific performance according to current Dutch law and which recommendations can be formulated with respect to the clarification, expansion or narrowing of these boundaries?

This research question cannot be answered in one sentence. One determines the boundaries of a state by examining the map. It is, therefore, necessary that one knows where the natural boundaries are, as well as the borders of neighbouring countries. This is no different in case of the boundaries of a legal institution. By gaining insight into the specific characteristics of the right to specific performance and distinguishing this legal institution from alternative and related legal institutions, one is able to produce a clear picture of the boundaries of this institution. Furthermore, one is better able to identify the areas where clarification or amendment is required.

Five sub-questions have been formulated in par. 1.2. The analysis in the previous chapters is intended to provide answers to these sub-questions. In this chapter, the answers to these sub-questions will be summarised, allowing an answer to be provided to the main research question. Moreover, in this concluding chapter emphasis will be placed on the normative section of the research question (namely, "which recommendations can be formulated to clarify, expand or narrow the boundaries of the right to specific performance?"). Therefore, less attention will be paid in this section to the results of the descriptive part of this research question (namely, "where are the boundaries to the obligor's right to performance according to current Dutch law?"). The description of the current legal situation served mainly as a means to reach the abovementioned recommendations. Par. 11.2 to par. 11.6 will be devoted to answering the five sub-questions, after which par. 11.7 will conclude with a summary of the main recommendations stemming from this research.