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Răspunderea în etapa negocierii contractelor
Tort in Contract Negotiation

Author(s): Adriana Almăşan , Mircea Dub
Subject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: C.H. Beck Publishing House - Romania
Keywords: negotiation; negotiation principles; good faith; pre-contractual arrangements; negotiation specific obligations; tort in negotiations; tort conditions;

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

  • Issue Year: 2017
  • Issue No: 1
  • Page Range: 66-80
  • Page Count: 15
  • Language: Romanian