The principle of objective good faith in the preliminary contract negotiations

• Grant number: 11/21549-5
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: February 01, 2012
• End date: December 31, 2012
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Kelly Cristina Canela
• Grantee: Lucas Henrique da Silva
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

This research project has as its object the study of objective good faith in contracts mainly in the preliminary stage of negotiations where contractors are required to act in accordance with the attached duties of good faith. The Civil Code of 2002 establishes in Article 422, that "contractors are obliged to keep at the conclusion of the contract as well as in its implementing the principles of probity and good faith." The device has been silent in the stage of negotiating contracts and this gives rise to the question of the relevance of the principle of good faith in the pre-contractual stage. First, the research will bring a historical analysis of good faith in German law and its importance in the Brazilian one. Then the issue will be studied in detail revealing its elements and the three functions of good faith will be analyzed. Finally, the influence of good faith in preliminary negotiations and any contractual liability on conduct lacking good faith that will lead to restitution will be demonstrated. This study will be based upon doctrinal and jurisprudential research.(AU)