PRECONTRACTUAL RELATIONS

Abstract

In the submitted article negotiationsare considered as institute of alternative consideration of disputes or a private procedural law. It is noted that in contractual process it is necessary to allocate a stage of negotiations. There are two types of negotiations – free and obligatory. The author investigates a ratio of the concepts culpa in contrahendo, the protocol of intentions and the preliminary contract. As a result of the conducted research the following conclusions were drawn.

All relations between the parties at a precontractual stage are unlawful and are regulated by other social norms, in particular moral standards and morality, these relations do not use legal protection. In order that these relations received legal protection, recognition their legal the legislation or the contract corresponding to the legislation is necessary.

Unfair negotiations and culpa in contrahendo can be considered as a stage of negotiation process if responsibility for unfair negotiations is established by the law.

 The protocol (the agreement, the contract) on intentions is the unlawful document and does not attract any legal consequences if in it it is directly not specified that he has the power the preliminary contract.

The relations arising in case of the conclusion of the preliminary contract are legal relations in pure form

The preliminary contract should be distinguished: 1) from the protocol of intentions which violation, unlike violation of the preliminary contract, does not attract any consequences; 2) from the main contract unlike which the preliminary contract contains the unique duty (to sign the main contract) and unlike which violation of the preliminary contract involves the indemnification limited only to a framework of the preliminary contract.