Snezana Miladinovic PhD

Associate Professor at the Faculty of Law University of Montenegro

 

A VIEW ON CONTEMPORARY LEGISLATIVE RULES ON NEGOTIATIONS AND RESPONSIBILITY FOR BREACH OF NEGOTIATION

 

Sumarry

 

This study examines contemporary legal, theoretical and practical aspects of liability for negotiations and responsibility for breach of negotiation. This study is dedicated to the legislative provisions in sphere of negotiations and liability for negotiations. The author deals,also, with some new theoretical opinions present in modern Italian legal doctrine.

Namely, the author of this research study is making an analytical review of some legal aspects of liability for negotiations. The main aim of this analysis is to give appreciation of the dispositions of the Montenegrin Code of obligations in comparison with the Principles of European Contract Law. Similarities and differences between those two acts represent an extremely interesting piece of research. The fact is that common law and continental law have different view on rule and significance of the principle bone fides in sphere of contract law. The author pays attention to similarities and differences between those two systems and their influence on contemporary legislation on question of liability for negotiation and responsibility for breaking of negotiation.

Key words: compromise, negotiations, good faith, liability for negotiations, responsibility for breach of negotiation