La tutela sinallagmatica «anticipata» e l’armonizzazione del diritto patrimoniale nei Paesi latinoamericani

Authors: Alberto Venturelli


Taking into account the main issues raised by the wording of art. 103 of the «Principles of Latin American Contract Law», whose aim is to regulate the suspension of performance in case of «nonperformance risk», the essay analyses the relationship between the dilatory remedies and the peremptory one and traces the path followed by some European Countries to face the problem of the anticipatory breach of contract. Underlined the key role played by the United Nations Convention on Contracts for the International Sale of Goods – which represents a valuable compromise solution among different legal systems – in recognizing the anticipatory use of contractual remedies, the international discipline offers food for thought to the legislator of the «Principles», who is invited to a broader reflection on the opportunity to provide a set of rules for the currently unregulated case of anticipatory breach, since it would ensure, case by case, the access to the most suitable remedy to realize the interest of the creditor.

Keywords: Contractual Remedies – Anticipatory Breach – Suspension of Performance