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Pre-Contractual Liability

Student: Larionov Aleksandr

Supervisor: Elena Emelyanova

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2020

The development of the scientific doctrine of pre-contractual liability remains a relevant area of Russian civil law, and the deepening of the theoretical analysis of the legal foundations of this institution contributes to the formation of a new level of interaction between the parties in market relations. The purpose of the study was to conduct a critical analysis and establish the legal nature of pre-contractual liability, to consider the problems that arise when detecting unfair behavior of a party in negotiations. The final part of the work is devoted to the characterization of the structure for recovering losses for violation during negotiations, and to the statistical analysis of appeals received by the courts on the basis of Article 434.1 of the Civil Code of the Russian Federation. As a result, of a comprehensive study of the institution of pre-contractual liability, it is proposed to recognize its special legal nature, which is usually of a tort nature, unless the parties have expressed their will to establish a contractual obligation between them by entering into a special agreement on the procedure for conducting negotiations. The author also puts forward a proposal for the implementation of new criteria in the Russian law and order to establish the fact of unfair actions of the counterparty interrupting negotiations and argues the inexpediency of recovering losses according to the model of positive interest. Based on the economic theory of Anthony Kronman, in certain cases, it is proved that a party can in good faith keep silent about information that is important for the transaction.

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