Bona Fides in Negotiations. Markers of Comparative Law

Abstract

This article analyses the concept of the obligation of good faith in the pre-contractual stage, that of the negotiations, by presenting the internal normative framework, which imposes this obligation on the formation of various contracts, such as civil, commercial, individual work, administrative, etc. Afterward, it focuses on commenting on the particularities of this obligation, in correlation with the other pre-contractual obligations, highlighting the regime of legal liability in the event of their non-compliance, in the form of domestic and European doctrinal and jurisprudential references, which will be presented in the second part of the paper some benchmarks of comparative law, through references to English, German and American law, from the perspective of respecting this obligation of bona fides.