Analysis of the level of involvement of the parties in the negotiations – necessary condition for liability for bad faith negotiations

Dolgopolov Mikhail

The article identifies the problem of the legal definition of negotiations on the conclusion of a contract, article 434.1 of the Civil Code, in which the concept is fixed, but the content is not disclosed. The law associates certain legal consequences with entering into negotiations on the conclusion of a contract. It is proposed to expand the concept of negotiations on the conclusion of a contract to include the point of exchange of views and documents with the aim to reach an intention to conclude an agreement. The moment when it becomes possible to claim damages remains open and unresolved. With this purpose, it is necessary to fulfill an additional condition when making a decision on recognizing the behavior as unfair, to analyze the level of involvement of the parties in the negotiations in order to assess the "negotiation distance”.

Keywords:Pre-contractual liability, negotiations of the conclusion of the contract, termination of negotiations, concept of negotiations, unfair conduct, good faith.