Risk Distribution and Good Faith. On the Error, Fraud and pre-contractual Duties of Disclosure

Abstract

Besides the pre-contractual duties of disclosure explicitly included in the legal system, the general principle of good faith allows the judge to infer other principles that can be called "atypical". Said duties lack regulation; therefore, they must be incorporated in the discipline of other constructs. This article focuses on two of those concepts: error and fraud. We hold that when relating pre-contractual duties of disclosure, error and fraud, not only a better understanding of these concepts is obtained, but also it is possible to notice, in a more accurately manner, how the good faith principle works.