2017

Adriana ALMĂȘAN, Mircea DUB, Tort in Contract Negotiation

Abstract: The importance of negotiation for the efficiency of contractual relations has been valued by the Romanian legislator by creating the adequate legal frame for the promotion of principled negotiation, within whose limits is carried out this pre‑contractual phase. The consequence of the development of the principled negotiation resulted in the acknowledgement of the legally binding effect of the conduct partners in negotiation may have. The main subject of the dedicated section in the Romanian New Civil code are the conditions for tort in contract negotiation, as an expression of the legislator’s concern to ensure persuasive conditions for the infringement of these rules. In case the parties execute a memorandum of understanding or a similar instrument regulating the negotiation phase, the infringement of the contractual provisions lead to contractual liability, further to the application of special law provisions.

Keywords: negotiation, negotiation principles, good faith, pre‑contractual arrangements, negotiation‑specific obligations, tort in negotiations, tort conditions 


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