Withdrawal for Non-Fulfillment and Dilatory Protection
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Abstract
The Schuldrechtsmodernisierung of 2002 introduced in the German legal system an express regulation of early withdrawal for non-fulfillment (§ 323, 4th para., BGB) and redefined the scope and effects of dilatory protection for the risk of non-fulfillment (§ 321 BGB). Coordination between the two remedies still appears controversial, and a closer comparison with French solutions allows us to discern an adequate unifying synthesis in the Italian discipline
Keywords
- Withdrawal
- Non-Fulfillment
- Dilatory Protection
- Anticipatory Breach
