THE NATURE OF THE PRECONTRACTUAL CIVIL RESPONSIBILITY AND THE OBLIGATION OF RESARCITION: OBLIGATIONS OF THE GOOD FAITH, INFORMATION AND LOYALTY

Abstract

When the parts seek to celebrate a contract with important consecuences economic, is preceded of conversations or treatments among the future contracting, denominated preliminary treatments. In this phase a contract doesn't exist in strict sense, but the parts certain obligations derived behavior duties of the social contact, can be imposed and of the trust that generates, as acting according to the good faith, duties of information, loyalty, confidentiality, and depending on the reference system, that of protection. Is possible the obligation for the part that don't continued with the contract, the duty of reimbursing to the other one the caused damages, what generates the call precontractual responsibility in contrahendo. It is a responsibility in the one that you almost everything discusses, because it is not peaceful in the doctrine their name; if precontractual responsibility and it accuses in contrahendo they are synonymous, neither their artificial nature: if it is a contractual responsibility or extracontractual, end in which we will stop especially. The existence of different system of responsibility in our Law, each one with their own and different regulation, in consequence not to be indifferent to the parts to exercise an or another action; this is, that of contractual responsibility or extracontractual, and the supposition that we study are considered by the doctrine a case of responsibility. To the study of the responsibility in this phase of preparation of a contract, that of their artificial nature, is especially to what we will dedicate the present work.