The essay explores the counterintuitive possibil- ity of identifying the unilateral promise as a bar- gaining configuration or as an essential re- quirement of pre-contractual obligations, and ties to briefly describe the solution adopted in the ‘mixed’ jurisdictions of Scotland and Louisi- ana, that, on one hand, offer a remarkable recap of the legal traditions of common law and civil law and, on the other, emphasize the conceptual dichotomy relating to the institute of promissory estoppel, despite the fact that the doctrine of consideration has a reduced leeway in the two legal experiences.
Promissory estoppel in Scots and Louisiana laws: unilateral promise in disguise?
PARDOLESI, Paolo
2015-01-01
Abstract
The essay explores the counterintuitive possibil- ity of identifying the unilateral promise as a bar- gaining configuration or as an essential re- quirement of pre-contractual obligations, and ties to briefly describe the solution adopted in the ‘mixed’ jurisdictions of Scotland and Louisi- ana, that, on one hand, offer a remarkable recap of the legal traditions of common law and civil law and, on the other, emphasize the conceptual dichotomy relating to the institute of promissory estoppel, despite the fact that the doctrine of consideration has a reduced leeway in the two legal experiences.File in questo prodotto:
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