Vaga culpa in contrahendo: invalidità responsabilità e la ricerca della chance perduta

This writing deals with precontractual conducts of parties meeting in view of stipulating a contract. In this situation many are the aspects coming to attention. First of all the traditional culpa in contrahendo in the sense of Jhering as well as the precontractual liability referred by Faggella to the case of breaking off negotiation contrary to good faith. There are also aspects of invalidity, which occurs when the law qualifies in a more rigid way a precontractual conduct not conforming to particular standards, especially those implying duties of form. In the scope of this, the study focuses on information duties of European private law, with particular attention to the related provisions of the DCFR. Analysing some recent decisions of Italian courts, the author addresses also the question of damages, distinguishing what specifically pertains to precontractual from situations of proper non-performance.