Contract negotiations in business: the legal nature and problems of law enforcement

The article deals with the legal nature of contract negotiations and pre-contractual liability. A brief critical analysis of a number of positions expressed in the literature is given and it is concluded that such negotiations are by law a legal fact that generates the rights and obligations of the participants in the negotiations. According to the author, the law does not provide for the possibility of recovery of lost profits for violation of these obligations, although judicial practice has resolved the relevant disputes differently. The positions of the courts that differ from the doctrinal understanding of the meaning of the law should be explained by the nature of justice as a proceeding interested in formulating rules that are convenient and understandable for application, which are not always based on the content of the law, however, their appearance in addition to the pragmatic tasks of the courts should be explained by the vagueness of this content.

negotiations, liability, damages, tort, loss of profit, information, contract, tort, legal relationship, legal nature, obligation, good faith