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

By Aleksander Grebieniow


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

Topics: 340 Law
Year: 2016
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