PRE-CONTRACTUAL RESPONSIBILITY

This article is devoted to the problem of determining the types of pre-contractual liability in Russian civil law. The opinions of legal scholars both regarding approaches to the concept of pre-contractual liability and regarding its legal nature differ significantly. According to the author, pre-contractual liability, being an independent type of civil liability, needs holistic legal regulation and scientific support. At the moment, there is no consensus on which norms of the Civil Code of the Russian Federation provide for pre-contractual liability, since its clear criteria are not formulated, which does not allow the development of an extensive institution of civil law. A significant disadvantage is also the fact that there are no general rules on civil liability in the Russian Civil Code, which would allow legally identifying criteria for various types of liability. Considering the problem of pre-contractual liability specifically, the author suggests identifying three main features of pre-contractual liability, according to which it is possible to determine whether a particular type of liability relates to pre-contractual or not. The article examines the positions existing in science regarding the list of types of pre-contractual liability, analyzes and evaluates various points of view, identifies significant advantages and disadvantages of such. The author believes that the development of a system of types of pre-contractual liability will allow both to put an end to long-term doctrinal discussions and to improve law enforcement practice in the field of bringing to justice persons who violated their duties at the pre-contractual stage of relations.

civil liability, pre-contractual liability, civil law, negotiation in bad faith, pre-contractual relations, negotiations, types of liability, culpa in contrahendo, bad faith conduct, problems of civil law

Shokhova V. A. Pre-contractual responsibility. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;2(63):289—293. DOI: 10.25683/VOLBI.2023.63.645.