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The Seller's Right to Cure under Article 48 CISG

The Seller's Right to Cure under Article 48 CISG
  • Year of publication 2018
  • 304 pages
Author:Miquel Mirambell Fargas
Series:International Commerce and Arbitration (volume 26)
Category: Law Business and Commercial Law
Icon_printbook 978‐94‐6236‐830‐9 | hardcover | 1st edition | € 89.00
Icon_ebook 978‐94‐6274‐828‐6 | ebook | ±€ 89.00

In principle, contracts are enforceable mutually beneficial agreements. In the event of a breach of contract most national and international legal systems, including European harmonization projects on private law, resort to cure regimes for the furtherance of contractually generated welfare.

A Nachfrist-mechanism, a hierarchy of remedies, and debtor’s rights to cure are all normative devices intended to preserve contracts and to sequence the remedies for breach by employing those that are purportedly more cost-effective. The utility of these legal institutions lies at the core of the discussion about modern contract law and practice. In this book, one cure-oriented legal instrument is thoroughly analysed: the seller’s right to cure after the date for performance under Article 48 CISG.

Author's information

Dr. Miquel Mirambell Fargas graduated in Law at Universitat Pompeu Fabra (UPF, Barcelona), where he also obtained his Ph.D. degree. He was visiting researcher at the Universität Basel and at the Max-Planck-Institut für ausländisches und internationales Privatrecht in Hamburg. Currently, he pursues the LL.M. at Bucerius Law School (Hamburg). He is admitted as lawyer to the Spanish Bar Association.