La ruptura injustificada de los tratos preliminares

Zusammenfassung

Due to the recent incorporation phenomenon in the different legal bodies, of norms that regulate contractual formation, the precontractual responsibility has become an effective topic that emerges to the imperious necessities of the legal modern traffic. Despite its recent legal construction the topic continues to be contradictory in the European scenario and its consequences begin to affect unification projects and the uniformity of the civil normative. This situation states a matter on which analysis and reflections in regards to the origin, construction and legal horizon of the precontractual responsibility that originates by the rupture of the preliminary treatments are necessary. Nevertheless, in front of the current panorama it is necessary that they are recaptured and not reorient alone the European politicians, but the dogmatic foundations that regulate this institution from each one of the legislations of the countries members of the European Union. In front of the absence of precedent investigations in the matter, this investigation line, it is centered in the new right of the recruiting and of the right of damages, which seeks to offer, on one hand, a rigorous and deep study of the transformations suffered in contractual matter, the appearance in the new ways negotiates them, the incorporation of the new technologies in the contractual formation, the protection to the part but weak of the contractual relationship, the foundations of the precontractual responsibility, and the alternative of its delimitation and unification, the systems of responsibility and the doctrine of the risk, as well as the phenomenology of the damage of the trust among others.