| Abstract [eng] |
The object of this master thesis is the content of the duty of good faith in precontractual relations. The new Civil Code of the Republic of Lithuania, adopted on 18th July 2000, established that the duty of good faith is the main mutual duty of the parties in precontractual relations. Taking into account that in Lithuania the application of the duty of good faith in precontractual stage is developing and parties usually understand the content of this duty differently in litigation process, the importance to ensure the consistent interpretation and application of the duty of good faith is emphasized. In order to analyze the principal elements of the content of the duty of good faith in precontractual relations, the main issues of precontractual relations and good faith are examined in this master thesis. A great attention is paid to the conclusion that nowadays the complex process of formation of contracts determines that the classic rule of “offer and acceptance” is usually supplemented with negotiations stage. On the basis of comparative, systematic, historic and economic methods, the following principal elements of the duty of good faith in precontractual relations, established by the laws or determined by jurisprudence and case law, are analyzed in the main part of this master thesis: requirement to enter into negotiations and continue them only with intention to reach an agreement, requirement not to break off advanced negotiations without unjustified reasons, requirement to keep on preliminary agreements, requirement to conduct only fair parallel negotiations, duty to disclose and duty of confidentiality. Referring to the findings of the research it is concluded that on the grounds of the rules established by the jurisprudence and case law of the Republic of Lithuania and other countries of the continental legal system, it is possible to determine in practice the content of the duty of good faith in precontractual relations. Also the analysis of jurisprudence and case law of the United Kingdom in this master thesis proved that common-law countries, which traditionally recognize the duty of good faith only to the performance of the contract, have come very close to introducing the duty of good faith to precontractual relations of the parties as well. |
