Freedom of negotiation as a separate aspect of the principle of freedom of contract: content and limits

Автор: Raynikov A. S.

Журнал: Ex jure @ex-jure

Рубрика: Частноправовые науки

Статья в выпуске: 3, 2024 года.

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In the article the argument is made that freedom of negotiation is а separate aspect of the principle of freedom of contract. The importance of this thesis is expressed in the scope of liability of a person who is in breach of the duty to enter into a contract and a person who is in breach of the duty to negotiate in accordance with good faith and fair dealing. The content of the freedom of negotiation is determined. Such freedom consists of the right to decide when and who to negotiate with, to continue, to pause or to end negotiations, to determine terms and procedure for negotiations. In the focus are the limits of freedom of negotiation and the problem of legal opportunity to prohibit negotiation and to impose the obligation to negotiate.

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Freedom of contract, freedom of negotiation, precontractual liability, content and limits of freedom of negotiation, prohibition on negotiation, obligation to negotiate

Короткий адрес: https://sciup.org/147244127

IDR: 147244127   |   DOI: 10.17072/2619-0648-2024-3-97-110

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