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El deber de información: génesis y desarrollo en Latinoamérica y Europa (Especial referencia a los países del Mercosur).

Student thesis: Doctoral thesis

Abstract

The present work is about the duty of information, understood as a typical obligation of good faith in contrahendo. In general terms, the role that information plays in the period before the performance of the contract, commonly called pre-contractual or preliminary treatments._x000D_ Different sources will be quoted, those of which in the formation period on the Roman judiciary system present configurative elements or at least, approximate to information duty._x000D_ Due to the number of literary or judiciary sources found in that period, the analysis will be deepened in some sayings of Cicero that offer a valuable contribution to the evolution of the topic presented in this research paper._x000D_ Then and after a short account of intermediate duty, we will come to modern right, framed by the Latin-American Civil Codifications and their European antecedents to study in depth in the reception of the duty to inform in the judiciary systems of the Common South Market - MERCOSUR._x000D_ We analyze the different theories about the obligation rights with special reference to the role of information starting from the basis of the doctrinal and jurisprudential development, fields that based the evolution of this institute._x000D_ Then we will study this figure according to relevant doctrinary experiences in the European countries, and also the unification legislative projects, such as Unidroit, Pavia`s European Private Law Academy and Lando Commission._x000D_ At last, we will deal with the topic from the modern economy right analysis, which gives us an interesting perspective to use economy categories, methods and techniques to explain and interpret the right in general and the central topic of this work in particular.-
Date of Award23 Jun 2014
Original languageSpanish
SupervisorMarita Giménez-Candela (Director)

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