CONTRACTOR’S BEHAVIOR AS A DETERMINANT TO ASSESS THE UNJUSTIFIED RUPTURE OF NEGOTIATIONS: A VISION FROM EUROPEAN LAW
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This paper demonstrates how the behavior of the parts within a contract has
legal effects in the contract phase named “preliminary treatment”. In this
sense we perform a legal and doctrinal analysis of the concept of free will
and its exteriorization, considering the implications and scope of the effective
appearance theory accepted by European courts for such cases where the exteriorized
behavior does not agree with the procedure of one party generating
a need to protect the other that has legitimate expectation over the imminent
celebration of a contract.
culpa in contrahendo, formación contractual, deberes secundarios de conducta, teoría de la confianza legítima, coherencia, responsabilidad precontractualculpa in contrahendo, training contractual obligations associated with behavior, theory of self-confidence, consistency, torts