Can a Preliminary Contract Be a Promised One? About the Relativity of Preliminary Contracts in the Swiss Private Law

Grebieniow, Aleksander (2016). Can a Preliminary Contract Be a Promised One? About the Relativity of Preliminary Contracts in the Swiss Private Law. Prawo w Działaniu, 27, pp. 123-138.

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A part of the modern Swiss judiciary and doctrine have proposed a solution giving a party of an ad referendum contract a direct claim to execute the final agreement. This new approach («Einstufentheorie») is controversial and stands in opposition to the traditional view («Zweistufentheorie»). However, the discussed idea simplifies the formation and execution of contracts there, where in both – precontracts and final contracts – there is an identity of the object and of the parties. The paper shows how useful for legal practice the proposed dogmatic solution may be.

Item Type:

Journal Article (Original Article)

Division/Institute:

02 Faculty of Law > Department of Legal Theory and History of Law > Institute of Roman Law

UniBE Contributor:

Grebieniow, Aleksander

Subjects:

300 Social sciences, sociology & anthropology > 340 Law

ISSN:

2084-1906

Language:

Polish

Submitter:

Linda De Maddalena

Date Deposited:

05 Sep 2016 14:12

Last Modified:

06 Mar 2019 09:38

URI:

https://boris.unibe.ch/id/eprint/85127

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