Underperformance of commitment: A comparative study

Abstract

Abstract :Deficient performance is the debtor's incomplete implementation of his obligation as a result of his negligence and failure to fulfill his obligation, or the two parties to the obligation agree to amend the obligation with their consent, which results in multiple options available to the creditor in demanding compulsory specific implementation in completing the deficient performance or repairing the defect in it, or accepting partial performance without objection, and the debtor is considered to have fulfilled his obligation to the extent that he has implemented it, reducing the creditor's obligation with his right to claim compensation for damages resulting from the deficient performance, and this is what results in the difference in the legal nature of deficient performance, and accordingly we will divide this research into two sections, as for the first section we will discuss the concept of deficient performance, and as for the section it will be for the nature of deficient performance and its effects.