Les effets de la mondialisation sur la responsabilité précontractuelle. Régimes juridiques romano-germaniques et anglo-saxons

  • Monzer, Rabih
Publication date
January 2007
Publisher
PERSEE Program
ISSN
0035-3337

Abstract

Negotiation is a vital phase in the process of contract formation; however, its juridical value diverges from one legal regime to another. Considered as a phase of risk in Anglo-Saxon law which adopts the principle of absolute contractual freedom, while the Romano-Germanic law postulates a number of legal rules that impose limits on absolute freedom, and thereby creating a «precontractual deontology». However due to the rise of globalization, such a divergence between the Anglo-Saxon and Romano-Germanic pre-contractual juridical philosophies will cease to exist. The effects of globalization specifically appear in the tendency to americanize laws. However this tendency is not observed during the pre-contractual phase which is characterized b...

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