Pre-contractual relationship in the contract law of Ukraine and the DFCR: the problem of updating legal regulation in view of the reform of the Civil Code of Ukraine

Abstract

The purpose of the article is to study the institutions of pre-contractual relationship and civil liability at the negotiation stage in view of the updating processes of the civil legislation of Ukraine using the normative experience of European countries and the provisions of the Model Rules of European Private Law project. To achieve the set purpose, a number of general and special scientific methods were used during the study, namely: formal and logical, dialectical, dogmatic, systemic and structural, comparative and a number of other methods. The article analyses the general pre-contractual obligations of counterparties under the DCFR connected with the compliance with the good faith principle, non-disclosure of confidential information, legitimate expectations, negotiations consequences in violation of the good faith principle, and other responsibility forms of the negotiating parties. Particular attention is paid to informational rights between counterparties, commercial enterprises and in the processes of marketing activities in relation to consumers. The conclusions emphasise that the Ukrainian concept of pre-contractual relationship should be based on a number of fundamental principles of contract law, as it is accepted in European private law, and take into account flexible rules of their implementation in the practice of business conduct.

Keywords

• Civil Legislation
• Privacy
• Information rights
• Negotiations
• Pre-contractual liability