Non-performance of the contractual obligation and available remedies in draft reform of the Spanish Civil Code of 2009

The author presents in the article the draft proposal for the reform of the Spanish Law of Obligations and Contract published by the Spanish Ministry of Justice. The first part of the paper discusses the concept of non-performance of an obligation which is adopted in Article 1188 of the Draft. According to this provision, a contract is not performed when the debtor fails to perform the main contractual obligation or any other obligations that arise from the contract. The author analyses various situations that can be considered as infringement of an obligation. The second part consists in the analysis of the remedies available in case of non-performance provided in the Draft, such as specific performance, price reduction, termination of contract and damages. The author also makes a comparison between selected provisions of the Draft and their counterparts from the selected European soft law regulations and from the CISG