Abstract

SEVERIN FUSTER, Gonzalo. Specific Performance of Service Contracts in Spanish Law: Substantial and Procedural Perspectives. Rev. Derecho Privado [online]. 2016, n.30, pp.171-219. ISSN 0123-4366.  https://doi.org/01.18601/01234366.n30.07.

This paper analyzes to what extent it can be said that in the case of service contracts, the customer is entitled to specific performance in the case of a breach of contract under current Spanish law. Due to the existence of a right to specific or in natura performance and because of its "preferred" character, this remedy can -and should- be analyzed from two complementary, although differing perspectives: one is the substantive perspective and the other is the procedural perspective. This work addresses and develops both perspectives.

Keywords : Breach of contract; specific performance; Spanish Law; service contracts; obligations of duty.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )