La responsabilidad precontractual en la propuesta de modificación del derecho de obligaciones y contratos
Anuario de Derecho Civil, Tomo LXIII, fasc. IV, pp. 1621-1642.
Año: 2010
Autor/a:
María Paz García Rubio.
The Proposal of the Civil Section of the «Comisión General de Codificación» aims to reform the Law of Obligations of the Spanish Civil Code enacted in the 19th century. Amongst others the Proposal contains several enlightening
rules about the formation of a contract and the pre-contractual phase, particularly about the legal duties that apply during negotiations, the breakdown of negotiations and the remedies in case of mistake, fraud and provision
of incorrect information to the other party. Most of these set of rules are inspired in the most important texts of the modern Law of Obligations, like the Principles of European Contract Law (PECL) and the UNIDROIT Principles of International Commercial Contracts. The purposes of this paper are to introduce these provisions, to explain
the main subject matters related to them and to establish some interpretative criteria that could be useful in order to balance the general principles of freedom of contract (freedom from contract) and good faith.
rules about the formation of a contract and the pre-contractual phase, particularly about the legal duties that apply during negotiations, the breakdown of negotiations and the remedies in case of mistake, fraud and provision
of incorrect information to the other party. Most of these set of rules are inspired in the most important texts of the modern Law of Obligations, like the Principles of European Contract Law (PECL) and the UNIDROIT Principles of International Commercial Contracts. The purposes of this paper are to introduce these provisions, to explain
the main subject matters related to them and to establish some interpretative criteria that could be useful in order to balance the general principles of freedom of contract (freedom from contract) and good faith.