Precontractual Liability in the Russian Civil Law

The thesis is analyzing the current institution of precontractual liability in Russian civil law, the provisions of the law, their judicial interpretation and law enforcement problems. The subject of the study is the rules in Russian law on precontractual liability. Immediate tasks are to show the interrelationship of various norms on precontractual liability between themselves and with other institutions, evaluate their regulatory impact, the ability to achieve the goals of the implementation, identify regulatory problems, and suggest improvements in legislation. The work consists of an introduction, four chapters and conclusion. Chapter I is devoted to the history and current regulation in developed countries with different models of precontractual liability: Germany, France, England and the USA. Chapter II examines the results of the economic analysis of the institute, conducted by R. Kraswell, A. Katz, L. Bebchuk and O. Ben-Shahar. Chapter III contains the history of the development of precontractual liability in Russia and the main provisions of the current regulation: the description of the pre-contract stage, the responsibility for breach of precontractual obligations and the opportunity to conclude an agreement on the conduct of negotiations. Chapter IV pay attention to the individual grounds of precontractual liability. The study comes to the following conclusions: the doctrine of precontractual responsibility is developed in the leading European legal systems; responsibility in Russian law is based on the principle of good faith; the duty to act in good faith arises from the moment of the first contact between the parties; separate norms of the law are devoted to the most dangerous cases of breach of precontractual obligations; an agreement on the conduct of negotiations enables to avoid the uncertainty that exists in the legal norms.