Pre-contractual paradigms in Macau and PRC

UM > Faculty of Law > DEPARTMENT OF MACAO LEGAL STUDIES

Residential College	false
Status	即將出版Forthcoming
	Pre-contractual paradigms in Macau and PRC
	MARIA ISABEL CAVALEIRO FERREIRA MOUSINHO FIGUEIREDO
	2025-01
Source Publication	Macau Journal of Legal Studies
Volume	1 Issue:1
Abstract	Descriptions of civil law systems can sometimes be too abstract and their practical implications hard to grasp. The main purpose of this article is to illustrate through paradigms the breach of precontractual duties. This should allow for the drawing of a more intelligible line between the opposites of full contractual freedom and unacceptable behaviour, before contract formation. On one hand, most behaviours displayed during negotiations should not entail adverse legal consequences. On the other, this should not lead to a conclusion that harm can be inflicted on a counterparty. Some examples include mock negotiations, information duties, vitiating factors, sudden breakdown of negotiations, valid consequences of invalid contracts, misuse of confidential information, preliminary agreements, and the role of third parties employed by one party. Loyalty duties imply honesty in contract performance and tend to fall under contractual liability; Protection duties imply safeguarding life, limb and property regime and tend to fall under tort rules. Remedies gravitate around reliance interest but vary and should not be squeezed into a one-size-fits-all template. This article is anchored to the current legal landscape in Macau and Mainland China, but most concerns are global and hopefully these reflections can be found equally useful in other jurisdictions.
Keyword	Pre Contractual Liability Gba Sales Law Hong Kong Macau Pr China
Language	英語English
Funding Project	Private Law
Document Type	Journal article
Collection	DEPARTMENT OF MACAO LEGAL STUDIES
Affiliation	Universidade de Macau
First Author Affilication	University of Macau
Recommended Citation GB/T 7714	MARIA ISABEL CAVALEIRO FERREIRA MOUSINHO FIGUEIREDO. Pre-contractual paradigms in Macau and PRC[J]. Macau Journal of Legal Studies, 2025, 1(1).
APA	MARIA ISABEL CAVALEIRO FERREIRA MOUSINHO FIGUEIREDO.(2025). Pre-contractual paradigms in Macau and PRC. Macau Journal of Legal Studies, 1(1).
MLA	MARIA ISABEL CAVALEIRO FERREIRA MOUSINHO FIGUEIREDO."Pre-contractual paradigms in Macau and PRC".Macau Journal of Legal Studies 1.1(2025).

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