Tommaso dalla Massara

Ancient and Modern Legal Models of Buyer's Protection Against the Material Defect of Goods. Particularly, the problem of the right to cure

  • Abstract

Informations and abstract

Keywords: Right to Cure; Guarantee; Obligation; Buyer's Remedies for Non-Performance; Sales Contract; Common European Sales Law.

With regard to the sales contract, in the frame of European Private Law - where the paradigm of the «obligation of conformity» is progressively overcoming the ancient Roman Law's pattern of «guarantee» - the seller's right to have a second tender in order to perform in conformity with the contract (the so-called «right to cure») is gaining ground both in national legal systems (e.g. the German legal system) and in the harmonization projects such as PECL, DCFR, Unidroit and - in particular - CESL. After a general overview of the buyer's remedies for non-conformity, the right to cure will be scrutinized in a comparative-historical analysis bearing in mind the differences between obligation and guarantee's models and their implications in the structure and discipline of this peculiar tool.

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