El deber de información: génesis y desarrollo en Latinoamérica y Europa (especial referencia a los países del mercosur)

Abstract

The present work is about the duty of information, understood as a typical obligation of good faith in contrahendo. In general terms, the role that information plays in the period before the performance of the contract, commonly called pre-contractual or preliminary treatments. Different sources will be quoted, those of which in the formation period on the Roman judiciary system present configurative elements or at least, approximate to information duty. Due to the number of literary or judiciary sources found in that period, the analysis will be deepened in some sayings of Cicero that offer a valuable contribution to the evolution of the topic presented in this research paper. Then and after a short account of intermediate duty, we will come to modern right, framed by the Latin-American Civil Codifications and their European antecedents to study in depth in the reception of the duty to inform in the judiciary systems of the Common South Market - MERCOSUR. We analyze the different theories about the obligation rights with special reference to the role of information starting from the basis of the doctrinal and jurisprudential development, fields that based the evolution of this institute. Then we will study this figure according to relevant doctrinary experiences in the European countries, and also the unification legislative projects, such as Unidroit, Pavia`s European Private Law Academy and Lando Commission. At last, we will deal with the topic from the modern economy right analysis, which gives us an interesting perspective to use economy categories, methods and techniques to explain and interpret the right in general and the central topic of this work in particular.-