Il diritto di rimediare all'inadempimento nei contratti a prestazioni corrispettive. Contributo allo studio dei rapporti tra adempimento tardivo e rimedio risolutorio

The topic of the Ph.D. thesis concerns the debtor’s right to cure a non-conforming performance in bilateral contracts. More specifically, the work tries to pinpoint the balance between the interest of the debtor in curing the performance and the interest of the creditor in terminating the contractual relationship when the former fails to perform under the contract. Although this right has been regulated in many supranational sources (such as the Directive on certain aspects of the sale of consumer goods and associated guarantees, the Wien Convention on international sale of goods, the PECL or the DCFR), under Italian civil code there is not an explicit rule which sets this legal institute. Therefore, after laying out the more significant articles which implicitly relate to this kind of right in our legal system (art. 1192, comma 1°, c.c.; art. 1512, comma 2° c.c. and art. 130 c.cons.), the research aims to verify whether it is possible to find a legal basis for a general debtor’s right to cure in the sector of bilateral contracts. For this purpose, the study looks at the regulation contained in Italian civil code, attempting to discover both a positive legal foundation as well as systematic arguments (also through a comparative approach with the German legal order) that might support the existence of this right. After examining the various cases in which the non-conforming performance seems to be unable to be cured, the research outlines the bounds and the modality within which the right to cure can be exercised.