The new article 1221 of the Code Civil grants precedence (until then jurisprudentially) to the specific performance of the obligation and more generally to the binding force of contracts, and preserves its inevitable tempers. However, it adds a new exception to the mechanism: the specific performance cannot go on if there is an obvious disproportion between its cost for the debtor and its interest for the creditor. The introduction of the judge’s assessment brings about the right to specific performance of the creditor and the right to temper the binding force of contracts.