| Abstract [eng] |
This dissertation analyses the application of civil liability in precontractual relations under the Lithuanian civil law. In the general part of the thesis the detailed analysis of precontractual relations’ phase is presented, as well as the genesis of development of precontractual liability and its antagonistic aims are considered. This part concludes with the question of applicable legal regime of civil liability in precontractual relations. The thesis special part is devoted to the analysis of two, under the opinion of the author, the most problematic conditions of precontractual civil liability: the unlawful precontractual actions and the concept of precontractual damage. It is noted that the opposing aims of precontractual liability – ensuring the freedom of negotiations v. keeping the parties’ confidence for the conclusion of contract – will be achieved only when the scope of civil liability in precontractual relations will depend on and will be related with the progress of negotiations. Therefore regardless of negotiations progress and in case when all necessary conditions of the precontractual liability are present, the aggrieved party should be compensated for any kind of negotiations’ costs and any other direct precontractual damages which are not unreasonably high and for which the party had not been taken the risk. In addition, when the negotiations are considered deeply advanced, the aggrieved party should receive the remuneration of indirect damages which should be limited to the compensation of the monetary value of the lost opportunity. |
