Promise: The Neglected Obligation In European Private Law

Research output: Contribution to journalArticlepeer-review

Abstract

This article argues that more explicit recognition ought to be accorded to unilateral promises in European private law. While such promises are given effect to, this is often by virtue of the fiction that they create contractual liability, a fiction which masks the true nature of liability as unilaterally undertaken. The argument is advanced through a comparison of the differing approaches of German, English and Scots law to unilateral promises. It is concluded that a wider and more explicit enforcement of unilateral promises would benefit the future development of European private law.
Original languageEnglish
Pages (from-to)461-79
Number of pages18
JournalInternational and Comparative Law Quarterly
Volume59
Issue number2
DOIs
Publication statusPublished - 2010

Keywords

  • promise, contract, private law

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