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Precontractual Relations in Private International Law

Student: Ponomarenko Bogdan

Supervisor: Irina V. Getman-Pavlova

Faculty: Faculty of Law

Educational Programme: Private International Law (Master)

Year of Graduation: 2020

In this work the author analyses the problem of precontractual relations and precontractual liability (culpa in contrahendo) in private international law. Usually, legal researches concerning precontractual relations are dedicated to researching this concept in the context of material regulation in national legal systems without studying cross border aspects of this concept. At this moment, there are not many legal pieces of research that focused on studying the problem of precontractual relations in international commercial turnover. In this research, the author studies the concept of precontractual relations through the prism of international commercial turnover. Since there is a foreign element in these relations, there are a lot of additional questions that are still not resolved. And the main question is the applicable law to precontractual relations of the parties. At this moment, there is no uniform legal regulation concerning material and conflict of laws regulation of these relations. This is because not all legal systems share the legal meaning of precontractual relations. For example, common law countries do not accept the concept of precontractual liability. This work begins with studying of basic theoretical aspects concerning the concept of precontractual relations and precontractual liability. Then the comparative research of the modern state of conflict of laws regulation of precontracual relations in European union, separate foreign states and Russia goes. At the end of this work, there is a short review of the legal regulation of precontractual relations in the acts of non-state unification of private law. As a result of this research, the author highlighted and analyzed the key approaches to the questions concerning the legal regulation of precontractual relations in the context of international commercial turnover. Also, the author identified the main problem aspects in the context of international precontractual relations and proposed ways to solve the problems.

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