Legal and Economic Analysis of Compulsory Performance of Contract Law

Abstract

Compulsory performance is one of the main remedies for breach of contract, which has the same status as the remedies for damages. Law and economics argue that the choice of compulsory performance should focus on its effi ciency. Compulsory performance has obvious effi ciency in promoting contract investment and maximizing the benefi ts of the parties. Compared with other remedies for breach of contract, it is more conducive to achieving the purpose of the contract in specifi c cases. The provisions on compulsory performance in China's contract law refl ect the principle of freedom of contract and fully respect the right of choice of the parties.