It is a common belief that specific performance is the generally applied remedy for breach of contract in civil law countries. This article argues that when breach involves the non-performance of an action, i.e. when performance cannot be ensured by the handing over of an existing good, specific performance is largely a myth in the three civil law countries Denmark, France and Germany. We provide evidence which suggests that a claim for specific performance of an action is, roughly speaking,

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... enforced in Denmark, weakly enforced in France, and though enforced in Germany, only rarely sought. According to our evidence, specific performance is largely irrelevant as a remedy for the non-performance of an action in civil law countries. Furthermore, we argue that the non-use of specific performance can be ascribed to the costs and difficulties of forcing the breaching party to perform an action.