UNFAIR CONDUCT IN CONTRACT NEGOTIATION

Abstract

Abstract: the article is devoted to finding out the peculiarities of the so‐called pre‐ contractual responsibility, legalization of which was stipulated by the Concept of development of civil legislation of the Russian Federation, ap‐ proved by the decision of the Russian Federation President's Council on codification and improvement of the civil legislation dated 07.10.2009. In the study it is concluded that pre‐contractual responsibility is a kind of civil law responsibility that can be both contractual when negotiating an agreement at the conclusion of the contract and non‐contractual respon‐ sibility, to which the rules of Chapter 59 of the Civil Code can be applied. At the same time the institute of pre‐contractual liability contains its own grounds of occurrence associated with the bad faith conduct of one of the participants. The practice of application of the Civil Code norm of pre‐contractual liability has not been uniformly and widely used because of the ambiguous assessment of the good faith of the subjects of the contract negotiation.