Journal of Historical Research, Law and Policy 3115-7505 In Press 2027 09 01 The Conflict Between the Right to Compel Specific Performance and the Right of Rescission in Cases of Breach of a Stipulation as to Attribute in Sale The Conflict Between the Right to Compel Specific Performance and the Right of Rescission in Cases of Breach of a Stipulation as to Attribute in Sale 1 14 10.61838/jhrlp.387 EN Journal Article 2026 04 08 <p>A stipulation as to attribute, as one of the qualitative elements of a contract of sale, plays a decisive role in the parties’ intention. Breach of this stipulation disrupts the contractual equilibrium. The main issue is whether the buyer has an absolute right to compel the seller to repair or replace the goods, or whether, where such action is impossible or entails substantial costs, the buyer must resort to rescission of the contract. This study examines this conflict in light of the principles of private law. The objective is to clarify objective criteria for resolving the conflict between the two remedies of compelling specific performance and rescission in cases of breach of a stipulation as to attribute, and to propose a solution for preserving contractual stability. Method: This study, using a descriptive-analytical method and drawing on library-based research and a comparative examination of legal foundations, with a focus on the general principles of contracts, analyzes judicial practice and legal doctrine. The findings of the study indicated that compelling specific performance, as the primary remedy, takes precedence where there are no economic obstacles, such as disproportionate costs, or physical impediments. The right of rescission is an exceptional remedy that is conditional upon a fundamental breach of contract. Judicial practice has tended toward economic efficiency, such that where the cost of performing the obligation is disproportionate to its value, there is a tendency to restrict the right to compel performance and to direct the buyer toward rescission or damages. The conclusion of the study was that the conflict between specific performance and rescission is not an absolute conflict, but rather one that requires a proportional approach. It is recommended that fundamental breach be institutionalized as the key criterion for distinguishing between these two remedies. Where the breach of the stipulated attribute is remediable and the cost of remedy is not disproportionate, compelling specific performance should prevail; otherwise, the buyer’s right of rescission shall remain preserved.</p> https://www.jhrlp.com/index.php/jhrlp/article/download/387/402