具体履行的示例 以下是法院命令具体履行的常见情况的一些示例:房地产在出售佛罗里达州独特的海滨物业的房地产合同中,如果卖方因退出销售而违反合同,法院可能会下令履行特定的义务。即使卖方提供金钱代替财产(一般解决方案)日本电话号码表 法院也可能坚持要求卖方根据合同向买方提供土地(具体履行)。个人财产通常是特定性能诉讼的主题,因为在某些情况下,待售财产包括定制产品、供不应求的商品和艺术品。例如,如果买卖双方同意购买卖方的原版巴勃罗·毕加索,但卖方退出并提供价值较低的亨利·马蒂斯 日本电话号码表 法院可能会依据具体表现并要求卖方提供根据合同购买毕加索。2
一般而言,法院不能专门强制执行合同以提供个人服务。 3 特定性能如何工作?以下是民事诉讼中具体履行过程的概述 日本电话号码表 特定的履约条款被写入合同或向法院提出初始索赔时,该过程就开始了。如果法院支持索赔,法官会考虑所有问题并确定具体履行是使索赔人完整的最佳方式。法官命令被告将财产归还或归还给原告。特定履行的要求 法院将特定履行作为 日本电话号码表 一种补救措施,必须满足几个条件:
必须签订有效且具有约束力的合同。日本电话号码表 金钱赔偿必须是不够的。必须存在相互义务,这意味着双方根据合同对对方负有义务。受害方必须证明他们已经履行了合同中的义务,并且可以继续这样做。1 诉讼中的法官有权酌情决定是否批准特定的履行作为补救措施,即使合同中已包含该履行。这不是任何一方的权利。 45
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