El deber de información en un contrato de cesión de contrato
Disclosure of information is derived from the principle of good faith which is applicable to contracts. It is enforceable both against the contracting party who possesses the information and to the one who ignores it but has a duty to avoid a state of ignorance. This article aims to answer why, in t...
Gorde:
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| Formatua: | Artikulua |
| Hizkuntza: | Gaztelania |
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2021
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| Sarrera elektronikoa: | https://dialnet.unirioja.es/servlet/oaiart?codigo=9054706 |
| Baliabidea: | Misión Jurídica: Revista de derecho y ciencias sociales, ISSN 1794-600X, Vol. 14, Nº. 20, 2021, pags. 262-276 |
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Etiketa erantsi
Etiketarik gabe: Izan zaitez lehena erregistro honi etiketa jartzen
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| Laburpena: |
Disclosure of information is derived from the principle of good faith which is applicable to contracts. It is enforceable both against the contracting party who possesses the information and to the one who ignores it but has a duty to avoid a state of ignorance. This article aims to answer why, in the event of liability in the assignment contract; there is more reproach to be appointed to the behavior of the negligent transferee who does not request the pertinent information regarding the ceded contract than to the counterparty who intentionally withholds such information. To determine the scope of the duty to disclose information for each party, a revision of the legal framework was pursued including regulations, doctrine, jurisprudence as well as the study of the duties of information, diligence, loyalty and the non venire contram factum proprium prohibition. It was concluded that negligence and the breach of the duty of self-information do not deserve legal protection. |
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