La respuesta española a la proliferación decartas de intenciones en la contratación privada
2014; National Council for Research and Postgraduate Studies in Law; Volume: 9; Issue: 4 Linguagem: Inglês
10.5585/324
ISSN2358-1352
Autores Tópico(s)Family and Matrimonial Law
ResumoThe use of pre-contractual instrument simported from international trade, such as letters of intent (LOIs) or memoranda of understanding (MoUs), is be coming increasingly common in domestic commercial relations. Not are few occasions in hich these documents supportan action brought be fore the Spanish courts (vid. recent SAP Barcelona March 15, 2013) and the plaintiff claims for damages due to a breach of contract; he ors here quests the conclusion and perfomance of contract, once the preliminary negotiations are already finished, consequently, the compensation of positive interest, which includes notony damages (costs incurred), typical of pre-contractual liability, but also lostprophets isgranted. It is necessary, there fore, to consider what response is giving by law and scholars to the massivein corporation of these foreign legal institutions in our country, try to infersome general guidelines to react properly to this phenomenon and determine what herthey can be given an official seal of approval or, on the contrary, they must be led back to the traditional legal categories related to contract formation: preliminary negotiation, pre-contractor contract
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