“In popular language almost all obligations may be said to be of this class, but there are obligations of a peculiar character which alone are 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 praestandum. An obligation ad factum praestandum is one for the per-formance of an act within the power of the obligant ….” John Trayner, Trayner’s Latin Maxims 27 (4th ed. 1894).
ad factum praestandum
ad factum praestandum (ad fak-t[schwa]m pree-stan-d[schwa]m). [Law Latin “for the performance of a particular act”] Scots law. An obligation to perform an act other than paying money; an obligation that must be strictly fulfilled (such as to hand over a vase sold).
