Europe

CHAPTER 9 - PARTICULAR REMEDIES FOR NON-PERFORMANCE 442

Section 1 - Right to Performance 443

Article 9.101 (ex art. 4.101) - Monetary Obligations 444

1. The creditor is entitled to recover money which is due. 445

2. Where the creditor has not yet performed its obligation and it is clear that the debtor will be unwilling to receive performance, the creditor may nonetheless proceed with its performance and may recover any sum due under the contract unless: 446

it could have made a reasonable substitute transaction without significant effort or expense; or 447
performance would be unreasonable in the circumstances. 448

Article 9.102 (ex art. 4.102) - Non-monetary Obligations 449

1. The aggrieved party is entitled to specific performance of an obligation other than one to pay money, including the remedying of a defective performance. 450

2. Specific performance cannot, however, be obtained where: 451

performance would be unlawful or impossible; or 452
performance would cause the obligor unreasonable effort or expense; or 453
the performance consists in the provision of services or work of a personal character or depends upon a personal relationship, or 454
the aggrieved party may reasonably obtain performance from another source. 455

3. The aggrieved party will lose the right to specific performance if it fails to seek it within a reasonable time after it has or ought to have become aware of the non- performance. 456

Article 9.103 (ex art 4.103) - Damages Not Precluded 457