The enforceability of unilateral promises is one of the most thorny subjects of the law of contract, both in civil and in common law. The question “when is the promisor bound to keep his words?” is also at the centre of the debate on European contract law. Unilateral promises are enforceable in the Principles of European Contract Law (PECL). The Draft Common Frame of Reference follows PECL in the adoption of concepts such as “juridical Act” and “unilateral undertaking”. These projects seem to answer to the above question in the same way as Scottish system does. In Scotland a unilateral promise binds the promisor: neither the acceptance of the promisee nor consideration are required for the validity of promise. The Author, in order to verify the above mentioned view, analyses the enforceability of unilateral promises and she concludes that bare promises never bind the promisor, neither in Scotland nor in European projects. The promisor is bound to keep his word only if his promise is accompanied by an objective element revealing his intention.
THE ENFORCEABILITY OF PROMISES IN SCOTLAND AND IN THE EUROPEAN CONTRACT LAW: A COMPARATIVE ANALYSIS FROM AN ITALIAN PERSPECTIVE
VAGNI, LAURA
2011-01-01
Abstract
The enforceability of unilateral promises is one of the most thorny subjects of the law of contract, both in civil and in common law. The question “when is the promisor bound to keep his words?” is also at the centre of the debate on European contract law. Unilateral promises are enforceable in the Principles of European Contract Law (PECL). The Draft Common Frame of Reference follows PECL in the adoption of concepts such as “juridical Act” and “unilateral undertaking”. These projects seem to answer to the above question in the same way as Scottish system does. In Scotland a unilateral promise binds the promisor: neither the acceptance of the promisee nor consideration are required for the validity of promise. The Author, in order to verify the above mentioned view, analyses the enforceability of unilateral promises and she concludes that bare promises never bind the promisor, neither in Scotland nor in European projects. The promisor is bound to keep his word only if his promise is accompanied by an objective element revealing his intention.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
