Obligaţia negocierii cu bună-credinţă a contractelor
Obligation to negotiate contracts in good faith
Author(s): Mircea NOŞLĂCANSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: good-faith; pre-requisite; the negotiation of contracts
Summary/Abstract: The paper analyses good-faith as a pre-requisite in the negotiation of contracts. In this respect, already in the pre-contractual stage, good-faith must exist so that there be no parallel negotiations, negotiations conducted without consideration or under unreasonable conditions or the parties’ unaccountable refusal to conclude the final document.In order to negotiate a contract in good faith, it was stated that the following rules should be observed: the correct information of the potential partner as to the relevant evaluating elements of the envisaged contract, the lack of any propositions which be manifestly unacceptable and bring about the termination of the negotiations, the prompt communication of the decision to terminate negotiations, the observance of the deadlines established for the conclusion of the different stages of the negotiations, the parties’ collaboration so that the negotiations do not exceed a reasonable duration, the non-conduction of parallel negotiation and the observance of the confidentiality of the communicated information.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2009
- Issue No: 1
- Page Range: 118-128
- Page Count: 10
- Language: Romanian
