Precontractual Liability in European Contract Law
49 Pages Posted: 13 Jul 2010
Date Written: April 2010
This article deals with culpa in contrahendo from a comparative perspective, including national, international and communitarian regulations on the matter. During the last years there has been an increasing academic debate focused on the role and boundaries of this institution. Departing from its German roots we study the issue of precontractual liability and its impact primarily in some continental and anglosaxon legal systems, and secondly, in some recent texts like DCFR; we are also concerned with the duties at the precontractual stage and the consequences of the non-fulfillment of those in Comparative law, as well as the problems arising on the pockets of cases giving rise to precontractual liability.
Note: Downloadable document is in Spanish.
Keywords: Precontractual liability, Culpa in contrahendo, Good faith and fair dealing, Negotiation and confidentiality duties, Duty of disclosure, Duty of confidentiality, Break off of negotiations, Negative interest, Positive interest
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