Responsibility arising from pre-contract negotiations with a view to common law and Imami jurisprudence

Document Type : Original Article

Authors

1 PhD student in private law, Qom University

2 Associate Professor, Department of Private Law, Qom University

10.30510/psi.2022.318700.2774

Abstract

Individuals may enter into negotiations with other persons with the aim of depriving the negotiating party of the opportunity to do business with them. The parties may also misuse the technical and professional information provided by the contracting party and make it available to its competitors or make a profit by using it. All of this happens in the pre-contract phase. In the past, when the principle of contractual freedom was accepted as absolute, individuals were not held responsible for the above actions. Because everyone had the right to stop negotiations and not to enter into a contract. On the other hand, the negotiating parties have voluntarily entered into a risky process and accepted the possible losses in order to make a profit. As a result, they do not have the right to claim damages from the other party. But over time, the needs and changes of modern society and specialized sales on the one hand and the unethical competition of merchants on the other hand led to the adjustment of this approach and lawyers each with their own theorizing, try to make law more ethical and Recognition of pre-contractual liability, the result of which is evident in their domestic law and international treaties.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 1249-1265

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