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Specific Performance on Real Estate
JOD
Get it by Tomorrow | Order in 12 Hours 46 Minutes
It is self-evident that obligations should be performed voluntarily, in a manner consistent with good faith, without judicial intervention and without intransigence from the debtor. However, in some cases, the debtor refuses to perform their obligation willingly, which leads to legislative intervention to protect the creditor's right to receive what is due, even by forcing the debtor through legal procedures that are central to justice. This protects interests by pressuring the debtor through legal means to overcome their resistance and compel them to perform in a way that does not compromise their dignity and humanity. The principle is that obligations are to be performed in kind (specific performance)—that is, the exact thing the debtor committed to—in the manner specified by law or agreement. A debtor's failure to perform their obligation in kind leads to a deviation from its essence and purpose and results in the erosion of substantive rules. Therefore, civil law protects society by placing the responsibility for this breach on the debtor.