Causes of delictual liability in pre-contractual negotiations Cover Image
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Cauzele răspunderii delictuale în negocierile precontractuale
Causes of delictual liability in pre-contractual negotiations

Author(s): Monia Hanţig
Subject(s): Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: tort; pre-negotiations; the principle of good faith

Summary/Abstract: The study focuses on the principles governing the negotiation stage (principle of freedom to negotiate and principle of good faith), but also on the conditions of liability at this stage. Under the legislation in force freedom of parties to initiate, conduct and cease negotiations is censured by the principle of good faith in negotiations, the person guilty of violating the requirements of the latter may be liable for the damages caused to the other party. It is up to the court to establish the cases in which the good faith requirements are violated, balancing the need to maintain a climate of legal certainty and the protection of the injured party, so that the principle of freedom to negotiate to get frothy not too severe by applying the principle of good faith.

  • Issue Year: 2014
  • Issue No: 02
  • Page Range: 83-86
  • Page Count: 4
  • Language: Romanian