الالتزامات التي تحكم المفاوضات في عقود التجارة الدولية

Abstract EN

The importance of imposing obligations at the stage of negotiating an international commercial contract is to determine a minimum level of stability and seriousness at this stage.

These obligations are represented in good faith negotiation which is the main obligation and which derives from other obligations which are: the obligation to inform, according to which informed negotiator under takes to inform the other contracting party of all the necessary data and information relating to the contract; the second obligation is the obligation to preserve the confidentiality of information forming the subject of the negotiated contract, which is an obligation for the negotiator who receives information to preserve its confidentiality and not to use it for his profile.

These obligations go hand in hand to achieve a balance in contractual relations.

The failure of the negotiator to implement these obligations constitutes a contractual error which is the non fulfillment, such as a commitment to the information, or the lack of result, and the obligee of these obligations assumes responsibility whenever the elements of these become.