THE SPECIFIC PERFORMANCE VERSUS THE CORPOREAL REPARATION OF THE BREACH OF THE OBLIGATION

Abstract

This study is aimed to clarify the nature of corporeal reparation for the breach of obligation , and to differentiate it from the specific performance of the obligation.

We have concluded  that the settelement is considered specific performance by which the plaintiff receives his real right against the defendant . Otherwise, it is counted as corporeal reparation

In the first case , however, the judge is obliged to rule in the favor of the creditor , should he request , as long as the debtor is not overburdened by such ruling.

As for the second case , the judge enjoys discretive power to settle for the monetary compensation instead of the corporeal reparation , which had been sought by the creditor , or been offered by the debtor , considering, they have not come into agreement . eventhough , the corporeal reparation is not something that would overburden the debtor , giving the fact that the judge's decision is based on solid ground and sound reasons.