Reflection on the pacta sunt servanda principle in the pre-negotiation process

Abstract

The oral presentation explored whether the pacta sunt servanda principle has any legislative or judicial reflection in the pre-contract negotiations. Some jurisdictions deal with this specific issue in the civil law codexes, either by governing the rules of the process; for example as in Germany, Czechia; or as in Slovakia, by relying on general principles of civil liability (culpa in contrahendo).

Others have recognized likewise judiciary principles (e.g. UK).

This issue has also been a subject interest to some international non-legislative codexes (e.g. UNIDTROT).

Keywords

• culpa in contrahendo
• pre-contractual liability
• duty of loyalty
• pacta sunt servanda