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Author Mirambell Fargas, Miquel dels Sants, 1990- author

Title The seller's right to cure under Article 48 CISG / Miquel dels Sants Mirambell Fargas
Published The Hague : Eleven International Publishing, [2018]


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Description xix, 282 pages ; 25 cm
Series International commerce and arbitration ; volume 26
International commerce and arbitration ; v. 26
Contents Introduction -- Comparative legal study and historical approach to the seller's right to cure under Article 48 CISG -- Existence of the seller's right to cure under Article 48 CISG -- Performance of the seller's right to cure under Article 48 CISG -- Legal consequences and economic-behavioural implications of the seller's right to cure under Article 48 CISG -- Conclusions
Summary Allegedly, 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. 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. About the author 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
Bibliography Includes bibliographical references (pages 255-282)
Subject Breach of contract.
ISBN 9462368309