De grenzen van het recht op nakoming
Einde inhoudsopgave
De grenzen van het recht op nakoming (R&P nr. 167) 2008/11.7.0:11.7.0 Introductie
De grenzen van het recht op nakoming (R&P nr. 167) 2008/11.7.0
11.7.0 Introductie
Documentgegevens:
mr. D. Haas, datum 02-12-2008
- Datum
02-12-2008
- Auteur
mr. D. Haas
- JCDI
JCDI:ADS377501:1
- Vakgebied(en)
Verbintenissenrecht (V)
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An overview of the most important recommendations from this research will be provided in this section. These recommendations can be divided into four categories, whereby the first three categories refer to recommendations relevant for the central research question. The first category consists of recommendations that aim to clarify the boundaries of the right to specific performance. The second category consists of recommendations aimed at narrowing the boundaries of the right to specific performance as currently drawn by the law. These recommendations therefore contain a restriction of the obligor's right to specific performance. The third category contains suggestions to extend the boundaries of the right to specific performance as regards certain points. The last category consists of proposals that are somewhat further removed from the central research question and refer to the legai institutions connected to specific performance and the consistency of the law of remedies.
It is obviously not always possible to draw sharp distinctions between the boundaries of these categories. Some recommendations could be placed in more than one category. Such recommendations have been placed in the category that most suits the sort of recommendation at hand. Where necessary, further sub-classification in each category has been made between recommendations directed at the legislature and that directed at practitioners (lawyers and judges).