契約締結 前의 法律關係

Legal Issues Before Conclusion of Contract

In the process of concluding of contract are emerging many diverse legal problems and a couple of significant cases are issued. It means the phase of formation of contract is acquiring more attention. This article handles many aspects of legal problems before the formation of contract. The most important type deals with the inappropriate interruption of negotiation of contract. The supreme court declares that if one party gave confidence on the conclusion of contract and rejected it without appropriate cause, it makes a tort which burdens legal responsibility on the breaking party. Other major issues include the effect of agreement before conclusion of contract, the duty of providing of information during negotiation. Besides it handles parallel negotiation, confidentiality, duty of care on health and property of partners in negotiation. Many disputes arising during negotiation of contract can not easily covered by legal responsibility unless the parties explicitly agreed of it. At this area prevails freedom of act and unlimited competition. At the same time a pre-contractual good faith should plays minimum role, which means that legal and moral responsibility are crossing. The pre-contractual phase are in the road of formation in terms of legal responsibility.