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A law and economics perspective on precontractual liability
2009This volume analyses thirteen cases, from the perspective of sixteen national European legal systems, in order to explore the legal nature of the precontractual phase and the liability which may follow a break-off of precontractual negotiations. The precontractual phase is difficult to characterise and analyse in either legal or practical terms.
FRANCESCO PARISI, ELEONORA MELATO
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Classifying precontractual liability: a comparative analysis
Legal Studies, 2001The common law has solved questions of liability arising in the context of precontractual negotiations by resort to a range of different doctrines and approaches, adopting in effect ‘piecemeal’ solutions to questions of precontractual liability. Consequently, debate has arisen as to how best to classify or categorise claims for precontractual work and ...
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Culpa in Contrahendo as the General Ground for Precontractual Liability in Polish Civil Code
osteuropa recht, 2021The justified and legally relevant relationship between contracting partners acting together in order to conclude a contract along with a comprehensive system of precontractual liability have been recognized in Poland at least since the enter into force of the Code of Obligations in 1933.
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Precontractual Liability in European Private Law
2009This volume analyses thirteen cases, from the perspective of sixteen national European legal systems, in order to explore the legal nature of the precontractual phase and the liability which may follow a break-off of precontractual negotiations. The precontractual phase is difficult to characterise and analyse in either legal or practical terms.
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Precontractual Liability and Preliminary Agreements
2014Il contributo analizza la fase della negoziazione dei contratti di compravendita internazionale, soffermandosi sui meccanismi di determinazione della legge applicabile alla possibile responsabilità precontrattuale, nonché della competenza giurisdizionale.
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Precontractual Liability in the United States of America: A National Report
The American Journal of Comparative Law, 1990In 1987, Professor E. Allan Farnsworth wrote what remains at the time of this writing, the most pervasive, in depth analysis of precontractual liability and preliminary agreements.' This national report on precontractual liability is modest by comparison.
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The Doctrine of Precontractual Liability Under Chinese Law: A Comparative Outlook
European Review of Private Law, 2019The doctrine of precontractual liability was transplanted from the European civil law systems into Chinese contract law in 1999. Since then, it has gradually evolved into one with Chinese characteristics with the judicial interpretations of the Supreme People’s Court and numerous court decisions on precontractual liability.
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Asymmetric Information and Opportunistic Behaviour in Ex Ante Contract Negotiations: Precontractual Liability Regime [PDF]
, 2014 During negotiations, parties plan an exchange that will occur in the future and that implies a high level of uncertainty, regarding both contract conditions and final outcome. In this phase, parties are requested, according to country-specific legal framework, to act in good faith. As a matter of fact, the definition of the boundaries of the good faith
CASTALDO, ANGELO +2 more
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