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Responsibility for dishonest negotiations: Comparative analysis

DOI: 10.2298/medjp1201082m

Keywords: responsibility for dishonest conducting of negotiations , pre-contract responsibility , principle of scruple and honesty

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Abstract:

The author analyzes the regulation of institutes of responsibility for dishonest conducting of negotiations in normative acts of certain EU countries and the Balkans. He analyzes the rules of behavior of parties during negotiations established through the court practice and theory in Switzerland, Germany, France and Hungary. In the paper the regulations of the most significant secondary sources of Contract Law have also been included and they are as follows: the Principles of European Contract Law (PECL) and Common Conceptual Framework (DCFR). Because of the great role in the regulation of pre-contract relationships, the author has devoted considerable attention to the principle of scruple and honesty.

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