Abstract

The article aims at discussing the harmonization of contract law in Latin America focusing on the topic of non-performance of contractual obligation in the Principle of Latin American Contract Law. The A. studies this concept giving attention to the definition supplied by other traditions of legal scholarship, and analyzing the draft of the PLACL in connection with the search of a balance between tradition and innovation. Concerning this, the comparative analysis put forward a number of hermeneutic problems to the legal practitioner, and underlines the role that they can play looking to an accurate measure of the non-performance, and orienting the same by a specific attention to the diligence and the good faith.