Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/65263
Title: Precontractual responsibility
Authors: Bisazza, Victor John
Keywords: Civil law -- Malta
Contracts -- Malta
Obligations (Law) -- Malta
Issue Date: 1971
Citation: Bisazza, V. J. (1971). Precontractual responsibility (Master's dissertation).
Abstract: Article 1337 of the Italian Civil Code states: " Le parti nello svolgimento delle trattative e nella formazione del contratto; devono comportarsi secondo buona fede". This norm reflects the need and importance which good faith and honesty have come to play in the negotiation stage of any contract, by imposing on either of the contracting parties the obligation to act vis-a-vis ench other in a decent and correct manner conducive to the conclusion of the contract itself. The origins of this generic principle lies in Roman Law itself. CICERO (1) gives the following illustration of the problem: Canio, desiring to spend his summer holidays in Syracuse, decided to buy a villa for this purpose. The Syracusian banker Pizio came to know of Canio's intention and immediately invited Canio to a banquet, at his own house by the sea. For this purpose he asked the fisher-men of Syracuse to bring large quantities of fish to the house during the banquet. Canio was indeed impressed and asked Pizio the reason for such an abundance of fish. Pizio replied that, that was Syracuse, reknowned for the.availability of fresh fish at a moment's notice. Canio was astounded and insisted on buying Pizio's house itself at any price. The deal was made at a most profitable price for Pizio, but to the bitter disappointment of Canio no fisherman came along the next day or any of the following days.
Description: LL.D.
URI: https://www.um.edu.mt/library/oar/handle/123456789/65263
Appears in Collections:Dissertations - FacLaw - 1958-2009

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