Abstract

CARRENO MENDOZA, Sergio. Breaking-off Negotiations: Examining Withdrawal and the Reasons for doing so in Private Law. Rev. Derecho Privado [online]. 2019, n.36, pp.233-255. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n36.08.

Negotiation is mainly a process of collecting and exchanging information to determine whether an operation is desirable at all and what terms are best. Negotiation does not mean contracting, therefore the parties can freely withdraw from negotiation at any time before reaching an agreement, whenever they act in good faith. Where a reliance situation arises, however, reasons for the breaking-off matter. If they seem reasonable, each party bears their own investments, otherwise, the improper party must compensate investments carried out by the aggrieved one. This paper analyses certain reasons that could be acceptable in a hypothetical breaking-off.

Keywords : Breaking-off Negotiations; Precontractual Liability; Good Faith; Precon-tractual Duties.

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