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Liability for Precontractual Negotiations. Tradition and Actuality in Romanian Law. European Highlights

Author

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  • Mihaela GIURANIUC (TUDORACHE)

    (Ph.D. Candidate, Economics Study Academy of Bucharest)

Abstract

This paper aims to analyse the current state of legislation, doctrinal opinions and relevant case law on liability for precontractual negotiations in base of the New Civil Code, the Former Civil Code, observing the concordance of the actual national legislation with the European Contract Code and to contribute to the current stage of knowledge in this matter. The objectives pursued by authors are: Identification of the peculiarities of the legal regulation of the liability for precontractual negotiations in New Civil Code; Identification of problems that could arise from law’s interpretation and application. According to Romanian Law, a party has not a duty to negotiate and, as a rule, no pre-contractual liability exists when no contract results. As per exception, the party could be found liable if he did not negatiate in good faith. According to Romanian Law, a party has the legal duty of confidentiality in the course of precontractual negotiations.

Suggested Citation

  • Mihaela GIURANIUC (TUDORACHE), 2012. "Liability for Precontractual Negotiations. Tradition and Actuality in Romanian Law. European Highlights," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 1(2), pages 23-41, July.
    • Handle: RePEc:lum:rev4rl:v:1-2:y:2012:i:2:p:23-41
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    More about this item

    Keywords

    precontractual negotiations; civil liability; good faith; confidentiality obligation; contract;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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