THE ENFORCEABILITY OF PROMISES IN SCOTLAND AND IN THE EUROPEAN CONTRACT LAW: A COMPARATIVE ANALYSIS FROM AN ITALIAN PERSPECTIVE

Abstract

The enforceability of promise is one of the thorniest subjects of the law of contract, both in Civil and in Common law, even if for different reasons. At the same time, the question “When is the promisor bound to keep his word?” is still at the centre of the debate on European contract law. The Projects towards harmonizing European contract law seem to follow Scots law in the adoption of a concept of promise binding without acceptance and consideration. In order to verify the validity of this view, the Author analyses the enforceability of promise in the law of Scotland, in the PECL and in the DCFR. She concludes that bare promises and mere agreements never bind the promisor, neither in Scotland nor in European Projects. The enforceability of the promise is always based on an objective element, revealing the intention of the promisor.