Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 21-36 |
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Habibian H, Yazdanian A R, Darabpour M, Ayati S M R. Negotiators' Liability in Pre-Contractual Stage According to International Instruments, Leading Legal Systems (German, French and British Law) and the Iranian Law. MLJ 2022; 16 :21-36
URL: http://ijmedicallaw.ir/article-1-1534-en.html
URL: http://ijmedicallaw.ir/article-1-1534-en.html
1- Department of Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad university, Tehran, Iran
2- Department of International Commercial Law, Faculty of Law and Political Science, University of Shahid Beheshti, Tehran, Iran
3- Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad university, Tehran, Iran
2- Department of International Commercial Law, Faculty of Law and Political Science, University of Shahid Beheshti, Tehran, Iran
3- Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad university, Tehran, Iran
Abstract:
Background and Aim: The contract has long been mentioned as an effective tool in the exchange of goods and the use of services, but today, with the increasing growth of international trade, the process of preliminary negotiations and negotiations in the pre-contractual stage has become inevitable, so that it is referred to as one of the stages of concluding a contract.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: During this period, the principle of contractual freedom requires that it be possible for either party to withdraw from the negotiations. However, if leaving the negotiations or violating the pre-contractual obligations is contrary to good faith and the principle of integrity and causes damage to one of the parties, the fulfillment of pre-contractual liability is required.
Conclusion: There is no independent issue in Iranian law called pre-contractual liability. In Iranian law, various assumptions should be considered: The first is the assumption that the requirement is binding and implies a kind of commitment to maintain it for a certain period of time and second, the assumption that the requirement is simple and non-binding, in which case recourse to the requirement will not initially entail pre-contractual liability.
Please cite this article as:
Habibian H, Yazdanian AR, Darabpour M, Ayati SMR. Negotiators' Liability in Pre-Contractual Stage According to International Instruments, Leading Legal Systems (German, French and British Law) and the Iranian Law. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e2.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: During this period, the principle of contractual freedom requires that it be possible for either party to withdraw from the negotiations. However, if leaving the negotiations or violating the pre-contractual obligations is contrary to good faith and the principle of integrity and causes damage to one of the parties, the fulfillment of pre-contractual liability is required.
Conclusion: There is no independent issue in Iranian law called pre-contractual liability. In Iranian law, various assumptions should be considered: The first is the assumption that the requirement is binding and implies a kind of commitment to maintain it for a certain period of time and second, the assumption that the requirement is simple and non-binding, in which case recourse to the requirement will not initially entail pre-contractual liability.
Please cite this article as:
Habibian H, Yazdanian AR, Darabpour M, Ayati SMR. Negotiators' Liability in Pre-Contractual Stage According to International Instruments, Leading Legal Systems (German, French and British Law) and the Iranian Law. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e2.
Type of Study: Original Article |
Received: 2022/04/24 | Accepted: 2022/07/31
Received: 2022/04/24 | Accepted: 2022/07/31
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