Business Contracts
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Title 1: Classification of the contract
II: Duty to negotiate in good faith
III: Breakdown of talks
Section 2: Pre-contractual duty of information
Chapter 2: Pre-contracts
Chapter 3: Consent to the sale
Title 3: Performance of the contract of sale
Title 4: Revisiting the contract of sale
Title 5: International sale of goods
Part 2: Contract for services
Part 3: Construction contract
Part 4: Subcontracting
Part 5: Agency agreements
58. Freedom in precontractual negotiations
1 minute de lecture
New Article 1112 of the Civil Code , which reflects case law, enshrines the principle of freedom in the pre-contractual phase, in terms of initiating, conducting and terminating pre-contractual negotiations.
Several points can be extracted from this provision.
Firstly, the concept of the freedom to negotiate (liberté des pourparlers) implies that each party is free to choose the other party to t …
