The purpose of this paper is to delineate new similarities and future differences between
legal systems, using pre-contractual liability and good faith. Instead of focusing on the
differences between common law and civil law, we focus our attention on the gap
between Europe, England included, and United States.
All over Europe, under the influence of good faith jurisprudence, duty to inform has been extremely broadened.
Contemporary debate confirms that European Legal Academia overemphasizes the
importance of the quest for central common principles of European private law, like
Good Faith and obligation de renseignement, and ignores questions regarding costbenefit
effects of disclosure, parties informational rent seeking and general policy
considerations.
A stereotyped legal doctrine, concentrating on the influence of EU
directives on national legal system and, in some cases, unification as a forthcoming
national-positive law can create an undesirable effect in the creation of future case law.
