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Latin. (Scot. Law) Obligations which must be strictly performed. For the performance of a certain act. 


In popular language almost all obligations may be said to be of this class, but there are only obligations of a peculiar character denoted by the legal signification of this phrase. The obligation of a debtor is clearly one for the performance of a certain act, namely the payment of his debt; but a decree at the instance of his creditor would not be termed a decree ad factum præstandum. An obligation ad factum præstandum is one for the performance of an act within the power of the obligant, and thus a decree of the Court, ordering delivery of certain writs, would be so termed, as also would a decree charging a superior to enter a vassal to 'whom he had refused an entry. The difference between an ordinary decree and one ad factum præstandum is of no great practical importance in the present day, although it was not always so; for a very material difference existed between the obligation for payment of liquid debts and the performance of acts within a person's power. 


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