RELIANCE IN THE BREAKING OFF OF CONTRACTUAL NEGOTIATIONS

RELIANCE IN THE BREAKING OFF OF CONTRACTUAL NEGOTIATIONS

TRUST AND EXPECTATION IN A COMPARATIVE PERSPECTIVE

ZULOAGA, I.

93,29 €
IVA incluido
Disponible en 1 mes
Editorial:
INTERSENTIA
Año de edición:
2019
Materia
Derecho mercantil
ISBN:
978-1-78068-650-9
Edición:
1
93,29 €
IVA incluido
Disponible en 1 mes

This book explores the theoretical basis of precontractual liability for the unilateral breaking-off of negotiations from a comparative perspective. It argues that, in the selected civil law jurisdictions (Germany, France and Chile), the true basis of this liability is the notion of ‘reliance’ and it distinguishes two dimensions of reliance: ‘trust-based’ and ‘expectation-based’. For the selected civil law jurisdictions it can be observed that trust-based reliance merges with the general principle of good faith and that the expectation-dimension emanates from the trust-dimension. Therefore, Reliance in the Breaking-off of Contractual Negotiations argues that this innovative theoretical approach to the foundations of pre-contractual liability could have important practical consequences in jurisdictions that do not embrace a general principle of good faith, such as English law. If the analysis is shifted from good faith to the notion of reliance, English law could develop a less fragmented approach and encompass cases that are currently devoid of protection. How legal changes could be implemented without establishing a general principle of precontractual liability is explored in the final chapter of the book.

Artículos relacionados

  • STRATEGIC CORPORATE SOCIAL RESPONSIBILITY. STAKEHOLDERS IN A
    WETHER, W. /   / CHANDLER, D.
    Strategic Corporate Social Responsibility: Stakeholders in a Global Environment provides faculty and students with a comprehensive, stand-alone text to support traditional and innovative courses at the intersection of corporate social responsibility (CSR), corporate strategy, and public policy. Integral to the book's unique format is its mix of theory and practical application....
    Queda 1 en Stock

    55,12 €

  • SPECIAL PROTECTION OF TRADE MARKS WITH A REPUTATION UNDER EUROPEAN UNION LAW
    BOHACZEWSKI, M.
    Special Protection of Trade Marks with a Reputation under European Union Law offers a thorough study of the special regime of enhanced protection of trade marks with a reputation under EU law, including the latest legal developments. When a mark acquires reputation, it becomes a means of attracting consumers by communicating to them various messages going beyond the indication ...
    Queda 1 en Stock

    182,00 €

  • VISSER'S ANNOTATED EUROPEAN PATENT CONVENTION 2025
    SUOMINEN, K. / DE LANGE, P. / RUDGE, A. / FERARA, N.
    The book, Visser’s Annotated European Patent Convention, is a commentary on the European Patent Convention and a bestseller in European patent law.The 2025 edition of this preeminent work – the only regularly updated authoritative article-by-article commentary in English on the European Patent Convention (EPC), its implementing regulations, and associated case law provides the ...
    Disponible en 1 mes

    135,00 €

  • INTERNATIONAL BUSINESS LAW:
    SWAN, E.
    International Business Law, the first of its kind, is a book providing a comprehensive overview of legal measures to regulate cyber commerce around the globe, with detailed coverage of the world’s major markets and a legal and regulatory review, both national and international, of digital penetration of the world’s major business sectors. Conducting successful international bus...
    Disponible en 1 mes

    160,00 €

  • INTERNATIONAL ARBITRATION IN PRACTICE
    LOTFI, C. / ZIELINSKA-EISEN, A. / SANDLER OBREGÓN, V.
    The complexity of commercial and investment arbitration is increasing, with many arbitrations now involving multiple parties or contracts and spanning multiple jurisdictions and areas of law – not to mention such pervasive new trends as virtual advocacy. This indispensable and eminently practical book systematically addresses the measures required to apply the concepts underpin...
    Disponible en 1 mes

    250,00 €

  • THE LEADING ARBITRATORS' GUIDE TO INTERNATIONAL ARBITRATION
    NEWMAN, L. / HANESSIAN, G.
    The Leading Arbitrators' Guide to International Arbitration - Fourth Edition continues to offer thoughtful advice and insights into the world of international arbitration from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Australia, Belgium, Canada, Chile, Denmark, England, France, Germany, Italy, The Ne...
    Disponible en 1 mes

    295,00 €