2017

Abstract: The importance of negotiation for the health of the civil legal system has led the Romanian legislature to create a legislative framework conducive to the development of principles within which this pre-contractual stage should take place. The development of these principles of negotiation has resulted in the establishment of generally binding rules of conduct specific to this stage. At the heart of the regulation lies tort liability for compensating damages caused by acts incompatible with the principles of negotiation, precisely as an expression of the interest in ensuring legal conditions that act as a deterrent against violating these rules. To the extent that it is established that the parties entered into pre-contractual agreements, and the breached obligations stem from the terms of these agreements, once the special conditions are found to have been met, the wrongdoer shall be held liable under contract.

Keywords:negotiation, principles of negotiation, good faith, pre-contractual agreements, obligations specific to negotiation, liability during the negotiation phase, conditions for civil liability.