A tutela da confiança na negociação de contratos

: a responsabilidade pré-contratual por rutura ilegítima das negociações

Abstract

"The protection of trust in contract negotiation” In this research work it is proposed to study the theme “the protection of trust in contract negotiation”. In a negotiation process, like many aspects of life, establishing and maintaining trust is a fundamental starting point in the development of legal relationships that are established between individuals. The protection of trust is in the words of MOURA VICENTE “a sine qua non requirement for the security of legal trafficking and a peaceful and cooperative collective life”. In a negotiation process, it is assumed that all parties involved will be honest, will be in good faith and will comply with the respective contractual commitments. When this is not the case, significant issues arise that make it difficult or undermine the entire negotiation process, undermining the legitimate expectations for the future conclusion of the contract. Pre-contractual responsibility, therefore, represents responsibility for injury to the freedom of others to negotiate, achieved through behaviour that differs from the canons of seriousness, loyalty, honesty, implemented during negotiations and formation of the contractual bond that will be addressed when this responsibility has its origin in the illegitimate rupture of the negotiations. The protection of trust and the principle of good faith thus gain importance in the protection of legitimate contractual interests against abusive and deceptive behaviour in pre-contractual negotiations. With this work propose to analyze the protection of trust and the principle of good faith in the whole negotiation process, in the light of our legal system.

Date of Award	8 Sept 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Agostinho Guedes (Supervisor)