Nils Schmidt-Ahrendts analyses the relationship between remedies in case of none-performance in the context of the CISG: specific performance, damages and contract avoidance. Focussing on damage calculation in covering transactions, he assesses the diverging conceptions of common and civil law, and outlines a fair allocation of risks in fluctuating markets.

In the case of non-performance by one party, the other contracting party may choose between three different remedies: specific performance, damages and contract avoidance. In this book, Nils Schmidt-Ahrendts deals with the relationship between these three remedies in the context of the CISG, a subject controversial in practice as well as in literature. The source of this controversial debate is the diverging conception in today's common and civil law jurisdiction. In aiming to meet the expectations of practitioners and scholars alike, the author addresses the practical impact of the diverging conceptions of common and civil law on the calculation of damages in the case of a covering transaction. In doing so, the author outlines a fair allocation of risks in fluctuating markets.

Autorentext
Geboren 1979; Studium der Rechtswissenschaft in Freiburg und Grenoble; 2007 Promotion; Referendariat am OLG Hamburg.