BUNA-CREDINȚĂ ÎN NEGOCIEREA, ÎNCHEIEREA ȘI EXECUTAREA CONTRACTULUI

The study aims to analyze good and bad faith, which are in a relationship of complementarity,
but each with its own individuality, in the phases of negotiation, conclusion and performance of the
contract.
In the analysis of the forms of manifestation of bad faith in the pre-contractual stage made in
the light of the regulation of the Civil Code, there is a tendency to mark the delimitation between
contractual freedom, the right to interrupt negotiations, in case of their failure, and bad faith in
interrupting negotiations.
The study also addresses the complex issues related to the obligation of the parties to
information, self-information, dolus through reluctance, to violence, arising from the economic
inequality of the parties and harmful conduct and the repercussions, in terms of free and conscious
consent, with the corresponding legal sanctions. The problem of repairing the damage caused by the
interruption in bad faith or without justification of the negotiations is analyzed in its material and moral
dimension, but also in terms of the damage caused by the loss of a chance.