Specific Performance for breach of contract in light of Egyptian Law and Ahle sonnat Jurisprudence

Subject Areas : فقه و مبانی حقوق

Hamid Miri ¹ , gholam hossein afras ² , saman motaghi shahry ³

1 - University of Gonbad Qavous
2 - iran
3 - attorney

Received: 2016-03-22 Accepted : 2016-04-28 Published : 2016-05-14

Keywords: Notice, Specific Performance, Direct and Indirect Methods,

Abstract :

The first obligee's remedy in the breach of contract case in both Egyptian law and Ahle Sonnat jurisprudence is his/her right of demanding of specific performance as the first effect of an agreement. Thus it has been predicated some remedies for breach of contract based on the type of contractual obligation by the legal and religious legislator. Therefore sometimes a contractual obligation is just performed by the law intent notwithstanding its debtor hasn't intended in it. It is also in some situations a court verdict does whatever obligator should have done although he/she has not presented in any of court proceedings. Occasionally debtor's property plays a role as tools for obligee to reach to his demand and in the other situations that obligation shall not be done except for debtor intervening, the contractual obligation will be performed by means of applying a legal force over her/his. Thus this method is not recognized as a general remedy in Egyptian law although there are several methods in Ahle sonnat jurisprudence in this regard.