Abstract

MONSALVE CABALLERO, Vladimir. LA BUENA FE COMO FUNDAMENTO DE LOS DEBERES PRECONTRACTUALES DE CONDUCTA: UNA DOCTRINA EUROPEA EN CONSTRUCCIÓN. Rev. Derecho [online]. 2008, n.30, pp.30-74. ISSN 0121-8697.

The juridical classification recognizes or it admits that the private autonomy is the starting point and conformation of the contract, but not until the point of considering that, the preliminary negotiations allow this way the concretion of a contract, this he has an own, or autonomous system that this subject to the terms included in the contractual text. On the contrary the general rules of the game continue being the established ones for the normative mark in their combined one and therefore they share a necessary adaptation of the contractual agreement (lex privata) to the same ones. Thus, the principle in good faith becomes present, it extends of equal form, in the content of eticidad of each act that should be examined by the light of the particular circumstances, addressing the human behaviors and especially the acts and contracts that govern the coexistence, in such a way that these general prescriptions, will always be applied, not only to the contractual agreement, but also they will also be called to govern the whole process of formation, as that of improvement and execution.

Keywords : Culpa in contrahendo; pre-contractual dealings; precontractual responsibility; contractual formation.

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