المسؤولية المدنية عن الإخلال بمبدأ حسن النية في المفاوضات العقدية : دراسة مقارنة

Abstract EN

For the person negotiating under the principle of contractual freedom; to proceed with the conclusion of the contract that he negotiated and he may withdraw from it if it appears to him that it does not achieve his interests, but the principle of contractual freedom limits its launch to the principle of good faith in contract negotiations, which the negotiator must adhere to and implement what he dictates of honesty, integrity, cooperation and seriousness.

this means that breaching the principle of good faith in contractual negotiations necessitates the realization of the civil liability of the erring negotiator, which is disputed by the views of civil law jurists between those who consider it a contractual responsibility and present arguments to support his opinion to prove it, and between those who see it as a tortuous responsibility, the opinion that we preferred in a manner based on a discussion of arguments proponents of contractual responsibility and its denial with a logical, analytical and comparative approach, especially with the French civil code amended by decree no.

(2016-131 of 2016), which stipulated the principle of good faith in contractual negotiations as well as its adequate regulation of the latter.