UPOREDNOPRAVNI PRIKAZ ODGOVORNOSTI U VEZI SA PREGOVORIMA ZA ZAKLjUČENjE UGOVORA

Manić Samir (Државни Универзитет у Новом Пазару, департман за право),
Softić Melisa (Дом за лица ментално ометена у развоју, Тутин)

The authors of the paper analyse the regulation of institutes of responsibility for dishonest conduct of negotiationsin the normative acts of certain countries and they are as follows: Greece, Italy, Poland, Slovenia, the Republic of Bosnia and Herzegovina, Macedonia, Montenegro, Croatia, this also including theArticle 30 of the Law of Contracts andTorts of the Republic of Serbia.The subject of the analysis is also the regulation of behaviour of parties during negotiations established in the court practice and theory of Switzerland, Germany, France and Hungary. The analysis also includes the regulations of the most significant secondary sources of the Contract Law, the regulations of the Principles of European Contract Law (PECL) and of the Common Conceptual Framework (DCFR). A great role in the regulation of pre-contract relationships plays the principle of scruple and honesty and therefore, considerable attention is paid to them in this article.

Keywords: Responsibility for dishonest conduct of negotiations, pre-contractual liability, scruple and honesty