Illuminating the development of precontractual liability : a comparative law and economics analysis

Vandenberghe, Ann-Sophie (author), Kovač, Mitja (author)

By using the tools of comparative law & economics, this article aims to shed a light on the development of precontractual liability. Precontractual liability sensu stricto is about the question to what extent one can be held liable for cost incurred by the other party preliminary to, or during precontractual negotiations, when negotiations fail. Comparative legal analysis has observed that the requirements for establishing a successful claim for precontractual liability are very similar at common law and at civil law despite the very different starting positions from which each legal system's rules have developed. By finding correspondence between what comparative law has found and what is expected under an efficient legal system, this study provides empirical evidence for the efficiency hypothesis of law.

• Language: English
• Keywords: economics, comparative law, contracts
• Work type: Article
• Typology: 1.01 - Original Scientific Article
• Organization: EF - School of Economics and Business
• Publication version: Version of Record
• Year: 2021
• PID: 20.500.12556/RUL-124762
• UDC: 346
• ISSN on article: 2213-4506
• DOI: 10.1163/22134514-BJA10013
• COBISS.SI-ID: 50586627
• Publication date in RUL: 15.02.2021

Record is a part of a journal

• Title: European journal of comparative law and governance
• Publisher: Brill
• ISSN: 2213-4506
• COBISS.SI-ID: 50584067

Licences

• License: CC BY 4.0, Creative Commons Attribution 4.0 International
• Link: http://creativecommons.org/licenses/by/4.0/
• Description: This is the standard Creative Commons license that gives others maximum freedom to do what they want with the work as long as they credit the author.
• Licensing start date: 15.02.2021

Secondary language

• Language: Slovenian
• Keywords: ekonomija, primerjalno pravo, pogodbe