El principio general de la buena fe en la hipótesis de ruptura injustificada de los tratos preliminares y la responsabilidad precontractual

Resumo

As its title indicates, this study addresses the difficult and complex issue of the liability of subjects during the stage of dealings or negotiations prior to the formation of the contractual agreement. No one can deny that already at such a moment there is a social contact of a negotiating nature between the parties aimed at the signature of a contract. It is generally accepted at European level that the parties are free to enter into negotiations and to withdraw, but the party who has negotiated or broken off negotiations in a manner contrary to the requirements of good faith and fair dealing is liable for the damage caused to the other party; the fundamental problem that arises here is to determine whether the factual situation of the dealings, whose essential element are the legitimate expectations, can be shaped as a suitable fact to produce, through the activation of the precept of good faith, a binding relationship between the parties involved in the preliminary negotiations.