Judgment

Judgment

Comparative review of Civil liability Pre-contract

Author
Ph.D of Civil Law at Shahid Beheshti University.
Abstract
Civil liability Pre-contract is concerned to a situation that an valid contract has not been formed between parties while a party claimed that has been suffered from pre contractual negotiations and relations. Any explicit rule doesn't provide a remedy for these losses in Iranian law and in the other side the principle of autonomy requires freedom of parties fully to leave the pre contractual negotiations so that no contract can be formed and such an authorized action can not  lead to civil liability. However study of some developed legal systems lead us to result that in some cases that failure to reach a such contract is because of  fault of one party, losses can be recovered based on the article 1 of Iranian  civil liability act.
Keywords

Volume 15, Issue 81
Winter 2015
Pages 93-111

  • Receive Date 25 January 2015
  • Revise Date 26 January 2015
  • Accept Date 14 February 2015