Economical-legal Analysis of Performance Execution Efficiency on the Basis of the CISG’s Application

Abstract

The CISG’s (Convention On The International Sale of Goods, 1980) provisions on specific performance illustrate the problem of giving clear guidance to courts that must apply the CISG’s provisions. One of the most important items that have to be defined by the creditor, besides the availability of one or other remedy, is the benefits of its execution for the creditor. The giving problem is examined in the present article from the point of efficiency of execution specific performance or damages in return on the economical and legal base. In respect of this the economic analysis affects the Coase Theorem and Pareto superior allocation criterion with the purpose of optimal protection of creditor’s interests.