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Conflict of free will and good faith in pre-contract negotiations. (In the light of the principles of European contract law and the principles of international trade agreements and some national legal systems (
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Fathollah Rahimi *   |
| Supreme Court of Audit |
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Abstract: (436 Views) |
To conclude any contract, the parties negotiate to agree on the subject, obligations and implementation. Negotiation based on their free will in a natural context is accompanied by fair behavior, and whenever it leads to an agreement between them, it leads to the conclusion of a contract for the transaction.
Pre-contractual negotiations are the stage of laying the groundwork for a decision to exercise the will to create a contract, in which the terms and content of the contract are usually explained based on the free will and normal and fair behavior of the parties.
The negotiation process may not necessarily lead to an agreement and will end. However, whenever the interruption of the negotiations by one of the parties is done without a justified reason and against good faith; Because the other party, based on these negotiations, has reached a legal belief that the transaction will probably take place, it will suffer damages after the termination of the negotiations.
The person is liable if it is found that he or she had the intention to interrupt the negotiations; Because the other party has trusted him and, by losing interest and other business opportunities, has entered into negotiations with him and incurred costs.
Thus, in the present legal inquiry, the conflict between the principle of free will and the rule of good faith was explained in the light of the principles of international commercial agreements, the principles of European contract law and its legal effect.
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| Keywords: negotiation, Good faith, Will, Principles, Responsibility |
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Full-Text [PDF 215 kb]
(102 Downloads)
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Type of Study: Research |
Subject:
Special
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