Precontractual Liability

Student: Vasileva Darya

Supervisor: Artyom Karapetov

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2017

The present thesis examines the institution of precontractual liability in both international and Russian legislation. It consists of two chapters. The first part contains the analysis of nature of precontractual liability. Generally, there are three main theories if this institution: contract theory, delict theory and aleatory theory. Each of the theories had been also discussed in the present work. The second part includes the analysis of provisions of Russian civil law on precontractual liability. It demonstrates size of damages which can be awarded in case of precontractual liability. According Russian law on precontractual liability negative or reliance interest is under protection, that’s why the injured party must be put in the position as the negotiations had never taken place. In most cases of precontractual liability the amount of damages is restricted to the compensation of expenses of the counterparty, it seems to be reasonable.

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