Due libri nell’orizzonte del diritto privato europeo. Recensione a T. Pertot, L’inadempimento anticipato e L. Regazzoni, La garanzia nel diritto dei contratti

This paper provides a review of two monographs, L’inadempimento anticipato by Tereza Pertot and La garanzia nel diritto dei contratti by Luigi Regazzoni. Both books contribute significantly to the field of European private law and showcase different methodological approaches. Pertot’s book explores the concept of anticipatory breach in common law and civil law systems. It also analyzes the Italian solutions and remedial categorizations. The work highlights the pervasiveness and contemporary relevance of anticipatory breach, arguing against a rigid search for specific legal categories and emphasizing the need for a flexible, principle-based approach to understanding the future non-performance of contractual obligations. Pertot suggests that the anticipatory breach should be seen as part of a broader systemic review of remedial hierarchies, where preventive measures are central. Regazzoni’s book investigates the general concept of guarantee through a process of abstraction and generalization, starting from the analysis of individual legislative figures. Unlike Pertot, Regazzoni focuses more on the internal legal system before broadening the discussion to European private law. His analysis includes contractual guarantees in credit assignments, sales contracts, and insurance, favoring conservative interpretations that emphasize the continuity of traditional defect remedies. Regazzoni critically examines contractual asymmetries and proposes that guarantee obligations should be understood within a framework of broader legislative and remedial integration. Despite their different starting points and methodologies, both authors contribute to the ongoing construction of European private law. They advocate for the integration of diverse methodological approaches and emphasize the importance of dialoguing with both national and supranational legal sources. The review concludes by noting a convergence in the authors’ approaches to remedial measures, particularly the use of suspensive remedies to handle potential breaches. Both works underscore the dynamic nature of European private law and the necessity of legislative interventions to harmonize and clarify legal principles across different jurisdictions.