Article III.3:302 DCFR on the Right to Enforced Performance of Non-monetary Obligations: An Improvement - Albeit Imperfect - Compared with Article 9:102 PECL

The Draft Common Frame of Reference (CDFR), Interim Outline Edition 2008) contains a provision concerning the right to enforced performance of non-monetary obligations (Article III.3:202 DCFR). This provision is the successor of Article 9:102 of the Principles of European Contract Law (PECL) and it is quite different. The leading question in this article concerns whether the DCFR provision on the right to enforced performance is an improvement compared with that of the PECL, in the sense that it meets the objections raised by the author against the PECL provision.