Academic literature on the topic 'Pre-contractual contacts (negotiations)'

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Journal articles on the topic "Pre-contractual contacts (negotiations)"

1

Demkina, Alesya V. "FUNDAMENTALS OF THE THEORY OF PRE-CONTRACTUAL LIABILITY." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 40 (2021): 148–61. http://dx.doi.org/10.17223/22253513/40/13.

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The article deals with the relatively new rules of Art. 434.1 the Civil Code of the Russian Federation on the conduct of negotiations. Taking into account the current wording of the said rule and the experience of foreign legislation on pre-contractual liability, the article argues for different theories justifying the nature of pre-contractual legal relations and liability and gives different positions of the authors on this issue. Proceeding from the doctrinal concept of obligation and characteristics of pre-contractual relations themselves the conclusion is made that these relations, firstl
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2

Chistyakov, P. D. "Withdrawal from Negotiations as the Basis for Pre-Contractual Liability under Russian and Foreign Law." Actual Problems of Russian Law 16, no. 11 (2021): 83–98. http://dx.doi.org/10.17803/1994-1471.2021.132.11.083-098.

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The paper analyzes the criteria for unfair termination of negotiations as a basis for pre-contractual liability. There are 3 components of unfair interruption of negotiations: 1) entry into negotiations without the intent to conclude an agreement and their subsequent interruption; 2) arbitrary termination of negotiations if the counterparty has confidence in the conclusion of the contract; 3) untimely notification of the counterparty about withdrawing from the negotiation process. The author analizes the criteria for unfair breakdown of negotiations. They include the following: the counterpart
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3

Raynikov, Artem. "The Doctrine of Contract Negotiations." Journal of Russian Law 28, no. 10 (2024): 93. https://doi.org/10.61205/s160565900029817-2.

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In the civilistic doctrine of contract negotiations, undeservedly little attention is paid to the basic concept of this doctrine — the concept of negotiations. The result of this omission is the lack of well-established ideas in legal science about the signs of negotiations and the disparity of positions about when negotiations begin and at what point they end. All this creates obstacles to the effective application of the doctrine of culpa in contrahendo, which received a powerful impetus to development after the reform of civil legislation. The article examines competing approaches to the de
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4

Shvarts, Larisa V. "On the Issue of Pre-Contractual Liability Qualification." Theoretical and Applied Law, no. 4 (June 7, 2020): 50–54. https://doi.org/10.5281/zenodo.15437626.

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The article is devoted to the study of the existing positions in the Russian doctrine regarding the institution of precontractual liability. The ambiguous position of the legislator, the controversial explanations of the judges of the Supreme Court of the Russian Federation do not reduce the relevance of the problem of the unified nature of pre-contractual liability. In this article, the author points out the shortcomings of the legal regulation of determining the time and grounds for applying pre-contractual liability measures, as well as issues of determining a specific mechanism for protect
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5

Teremetsʹkyy, V., and N. Huts. "PROCEDURE NOVATIONS FOR CONCLUDING INDEPENDENT CONTRACTOR AGREEMENTS." Scientific Notes Series Law 1, no. 12 (2022): 176–81. http://dx.doi.org/10.36550/2522-9230-2022-12-176-181.

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The article is focused on defining procedure novations for concluding independent contractor agreements. The existence of two tendencies in the legal construction of the procedure for concluding an independent contractor agreement has been emphasized: unchanged architectonics of the procedure for concluding an acceptance and introducing novation elements into this system, which depend on the method of concluding and the purpose of the corresponding agreement. The general and special procedures for concluding independent contractor agreements have been characterized. General procedure – is when
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