Abstract

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.