آثار المسؤولية المدنية الناشئة عن إخلال المتفاوض بالتزامه بالتفاوض بحسن نية

Abstract

The purpose of the duty to bargain in good faith requires the parties to the negotiation is to find a reasonable balance between the principle of "freedom of contract" and does not require the parties to sign a final contract, and strict minimum confidence, stability and reliability in the negotiation phase. To this end, anyone on both sides of the negotiation violates this duty, he must serve his liability. And in accordance with general rules, among the consequences of this responsibility, the debtor's obligation to fulfill its commitment materially, however, there is an agreement (consensus) jurisprudential exclude this kind of performance in the field of negotiation, therefore, remains for the creditor to use the second way is to force the debtor to return the execution, That is to say, the way of compensation.