The Role of the Pre-Contractual Duties to Warn in the Conclusion of the Service Contracts (Study of European Contractual Law)

Abstract

Articles 1:103 of the Principles of European Law Services Contract and IV.C. 2:102 of the Draft Common Frame of Reference contemplate some precontractual duties to warn. They are designed for application as service contracts in general. Although they are information duties, we can’t to recognize as equivalent to the prototype of pre-contractual obligation of information. Their differences determine a different function in the process of formation of the contract. The pre-contractual obligations of warning do not prevent asymmetries but that its role, given its characteristics, is to specify the object of the contract before its formation. These obligations allow parties to specify the service and the price. They suppose, in short, an adaptation of the rules on contract formation to the service contracts, where it is usual that the service and the price are uncertain.