This is a comment on a decision of the Italian Supreme Court about culpa in contrahendo. The author points out the importance of it, since it follows to a series of precedents affirming the extracontractual nature of precontractual liability. There is no contradiction between this contractual nature and the fact that it is related to negotiations, which by their nature precede the conclusion of contract. The ‘contractual’qualification , as the authors in Italian literature have clarified, does not refer to the contractual source of obligation rather to the relationship between individuals dominated by good faith whatsoever the source of that relationship could be.
Castronovo, C., La Cassazione supera se stessa e rivede la responsabilità precontrattuale, <<EUROPA E DIRITTO PRIVATO>>, 2012; (4): 1233-1246 [http://hdl.handle.net/10807/47255]
La Cassazione supera se stessa e rivede la responsabilità precontrattuale
Castronovo, Carlo
2012
Abstract
This is a comment on a decision of the Italian Supreme Court about culpa in contrahendo. The author points out the importance of it, since it follows to a series of precedents affirming the extracontractual nature of precontractual liability. There is no contradiction between this contractual nature and the fact that it is related to negotiations, which by their nature precede the conclusion of contract. The ‘contractual’qualification , as the authors in Italian literature have clarified, does not refer to the contractual source of obligation rather to the relationship between individuals dominated by good faith whatsoever the source of that relationship could be.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.