The article analyses the Principles of European Contract Law from the creditor's standpoint - examining his choice of remedies in cases of non-performance by the debtor. Three considerations are highlighted:
1. The interests of the parties, and especially those of the creditor, for whom different remedies may be more or less important depending on the nature of the contract. These interests are largely satisfied by the Principles. There are a large number of limitations on the creditor's right to specific performance, but he is protected by the existence of that right, the fact that the burden of proof of factors limiting specific performance is placed on the debtor and the fact that he can also claim damages for losses which are not economic in character.
2. The circumstances in which the remedy is sought (in terms of the actions of the parties and the order and timing of those actions). The treatment by the Principles of these considerations is subjected to some criticism by the author because it is necessary to search through the various remedies to identify the relationship between the remedy and the behaviour of the parties. She accepts that complete clarity may be impossible to achieve, but the result is that the Principles are not always clear as to the range of remedies that are available in certain situations.
3. The type of obligation concerned and the type of breach that occurs are also relevant to the creditor's choice, and various remedies may need to be activated in specific ways. Again there are some grounds to criticise the Principles but the solutions found are generally to be welcomed.
The author concludes that on the whole the Commission on European Contract Law has performed a huge task and managed to create a system of remedies that is sympathetic to the parties' interests and effective. She hopes that the Principles will be called on by the EU when formulating new directives in the area of contract law.European Review of Private Law