Between compensation and performance: navigating remedies from PICC to national legal systems

Radomirović, Ivana (2024) Between compensation and performance: navigating remedies from PICC to national legal systems. In: Causation of damage, damage compensation and insurance : Proceedings from XXVII international scientific conference. Institute of Comparative Law, Belgrade; Valjevo, pp. 219-233. ISBN 978-86-82582-21-2

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Abstract

This article presents a comparative analysis of remedies for non-performance in international contract law, focusing on the UNIDROIT Principles of International Commercial Contracts (PICC), the United Nations Convention on Contracts for the International Sale of Goods (CISG), German law, French law and English law. It examines the theoretical frameworks, practical implications, and comparative nuances of each legal system, providing an evaluation of how these frameworks address non-performance and the influences they exert on international contract law. Through this analysis, this study aims to elucidate the nuances and influences of each legal system on the relations between non-performance and damage compensation. The paper aims to determine which remedy offers a more equitable solution within different legal contexts, especially for PICC. The paper offers a comprehensive understanding of how various legal systems address remedies for breach of contract, highlighting their similarities, differences, and influences on one another.

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