Promise
The Neglected Obligation in European Private Law
Bibliographic Data
| ID | 9932056 |
|---|---|
| Authors | Martin A Hogg, Martin Hogg (0000-0002-2296-4412, University of Edinburgh, corresponding author) |
| Year | 2010 |
| Volume | 59 |
| Issue | 2 |
| Pages | 461-479 |
| Publication date | 2010-04-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0020589310000084 |
| OpenAlex | W2081391148 |
| Language | EN |
| Citations received | 2 |
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
Comparative law · Law and economics · Obligation · Political science · Private law · Sociology · Conflict of Laws and Jurisdiction · European and International Contract Law · Law · Legal principles and applications
| Citations per year | 0.14 |
|---|---|
| Citation span | 2012 - 2024 (13) |
| Highly cited | No |