Paper Information

Journal:   ISLAMIC LAW RESEARCH JOURNAL   SPRING-SUMMER 2016 , Volume 17 , Number 1 (43) #S0024; Page(s) 105 To 127.
 
Paper: 

PRE-CONTRACTUAL LIABILITY; TERMS OF REALIZATION AND COMPENSABLE LOSSES

 
 
Author(s):  KHAZAEI SEYED ALI*
 
* 
 
Abstract: 

The period that the parties intentionally communicate with each other to make a contract as a final draft or ignore it, is called pre-contractual period.
In this period, parties negotiate together on the terms of future contract and use their most endeavors till to reach the final point i.e. making the contract.
It may be situations which one of the parties has been incurred some costs at this period, while another party closes the negotiations unilaterally. The principle of freedom of contract has the consequence of acceptance of precontractual risks by the parties. However, sometimes damaged person may find compensation right and the other party is obliged to compensate on the basis of special reasons. Liability to compensate for such losses will be called pre-contractual liability. Nowadays, pre-contractual liability has been considered by legal system of some countries like France.

 
Keyword(s): PRE-CONTRACTUAL PERIOD, PRELIMINARY AGREEMENTS, PRE-CONTRACTUAL LIABILITY, RELIANCE DAMAGES
 
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