PRE-CONTRACTUAL DISPUTES АND PRE- CONTRACTUAL LIABILITY ІN CIVIL LAW

Abstract

The article is analyzed categories “pre-contractual dispute” and “pre-contractual liability” based on the analysis of national and foreign, in particular European, private law doctrine, current legislation and court practice. It is concluded that а pre-contractual dispute and its settlement are closely related to the procedure for concluding a contract when a party evades or refuses to conclude the contract as a whole or disagrees with its individual terms. Pre-contractual disputes may be resolved in court: if at least one of the parties is obliged to enter into a contract by direct provision of law or on the basis of a binding planning act; by mutual agreement of the parties; if the parties are bound to enter into a contract on the basis of a preliminary agreement existing between them. A precontractual dispute may arise in connection with disagreements between the parties regarding the content (dispute over the settlement of disagreements) or in case of refusal or evasion of the contract (dispute over the inducement to enter into the contract). In this case, the judicial activity is limited to assessing the terms of the contract for the presence of all essential terms and all arguments of the parties, as well as resolving the merits of the existing disagreements of the parties and formulating the terms of the contract in accordance with the requirements of the law. The application of remedies in pre-contractual relations is mostly related not to the procedure for entering into a contract (agreement on its essential terms), but to the behavior of the future party to the contract (its assurances), which prompted the other party to enter into the negotiation process, forming certain legitimate expectations. And in the event of obstacles due to the future party to the contract's unfair or negligent behavior that cause damage to the other party, such party is entitled to compensation.