Riesgo en la compraventa, cumplimiento e incumplimiento

This book (Passing of risk in contract of sale, performance and non-performance) analyses the rules as to the passing of risk in the contract of sale. This phenomenon originating in Roman law has traditionally been called into question and its basis and scope are still not fully understood or, at least, are still a matter of controversy. Spanish law of obligations and contracts is in a period of evolution and modernisation of its nineteenth century regulation. This necessary updating also concerns the classic rules as to the passing of risk and opens the debate as to how this should be done, because these rules are still present in the legal texts falling within the framework of the so-called "the new law of contract".

This study discloses the principles underlying these ancient rules and the economic context for which they were thought. Moreover –taking into account the new conception of the contractual relationship, the non-performance and the system of remedies– it argues that it is time to abolish such specific rules and offers a reform proposal on the rules of the contract of sale to demonstrate this.