Replacement in Belgian contract law: a powerful remedy

1. Introduction When a contractual partner fails to perform, the creditor can resort to a range of remedies set out in Article 5.83 of the Civil Code, including (1) specific performance (“exécution en nature” / “uitvoering in natura”) and (2) damages (“réparation” / “herstel”). Although these remedies are ordinarily performed by the debtor itself, they […]