LOS DEBERES DE INFORMACIÓN PRECONTRACTUAL EN LA LEGISLACIÓN ACTUAL Y EN LAS DISTINTAS PROPUESTAS DEMODERNIZACIÓN DEL DERECHO DE OBLIGACIONES.

Abstract

This paper looks into the system of rules surrounding the information that one party to a future contractual relationship must necessarily give the other before the contract is made (generally, but not exclusively, information that a business must give a consumer before making a consumer contract). Current legislation is examined to see how it deals with pre-contract obligations. This includes Spanish law, especially the Revised General Act on Consumer Defence, and European law. It also includes the approach taken by the Legislation Commission in the Proposal to Modernise the Civil Code in matters of Obligations and Contracts. The Draft Common Frame of Reference, the recent feasibility studies of the Expert Group and Common European Sales Law are reviewed for a picture of how harmonised private European law will in future address the duties concerning pre-contract information.