LA RUPTURA DE LOS TRATOS PRELIMINARES PUEDE OCASIONAR RESPONSABILIDAD SI ALGUNA DE LAS PARTES HA ACTUADO DE MALA FE.

Abstract

Preliminary bargaining does not mean there is a contractual relationship. Case law distinguishes between a preliminary bargain on the one hand and a draft or definitive contract on the other. If there has been action in bad faith by one of the parties, tending to place impediments in the course of the negotiation relationship, liability is considered to arise. Starting from this statement, there are a number of theories about what kind of liability is involved. There are those who consider it to be contractual liability; alternatively, there are those who feel it to be extra-contractual liability, and there is even a sector of doctrine that believes it to be a type of liability that is autonomous in nature. The European trend is toward finding no liability in the negotiating phase, provided that the parties have acted in good faith.