关键词: 合同, 实际履行, 损害赔偿, 救济

Abstract: When contracts generate they are filled with all kinds of performance obstacles. Specific performance and damages systems are established in order to correct the distortions of rights and obligations in the contracts. Under different legislative choices, theoretical footholds and value forms, the two systems are in the opposite state for a long time. In order to achieve the coordinated development of the contractual remedy system, on the basis of comparative law study, under the premise of respect for the free will and the efficiency principle, the specific performance and damages systems should be unified, their commonality should be found. At last, it is very important to finish the optimal combination of contractual remedy system by the complementary function and role.

Key words: contract, specific performance, damages, relief