Judicial Law Views Quarterly (Law Views)

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hajipour M. Legal Status of Pre-Contractual Liability. دیدگاه‌های حقوقی 2019; 23 (84) :49-76
URL: http://jlviews2.ujsas.ac.ir/article-1-1216-en.html

The discussion about the person's liability for the actions attributable to him before the stage of contracting is a new debate that has been attracted the attention of legal circles. According to this debate, the person’s freedom of contracting does not implement the person’s freedom to ignore the rights and interest of other party. As a result, it would be possible that contracting person considered as responsible with the realization of contractual condition. However, the main problem is that despite the domination of the rule of contractual freedom in negotiating process, on what foundations such a responsibility can based. Does accepting the responsibility in this regard mean the violation of person’s freedom of contracting? Hence, resorting to a descriptive-analytic method of research and a comparative approach, this research seeks to study the foundations of pre-contractual liability and also description of contractual, non-contractual or specific nature of the pre-contractual liability. Concisely, we can say that the most important reason for defending the pre-contractual liability would be the violation of fair negotiation obligation. Also pre-contractual liability has its own especial nature, but ultimately has a lot of correspondence with non-contractual civil liability.