Abstract

BENCOMO FARINAS, Yaneisi. Critical notes regarding the current legal regulation of preliminary treatment and pre-contractual liability within economic procurement in Cuba. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2020, vol.50, n.132, pp.170-191.  Epub Mar 06, 2021. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v50n132.a08.

The purpose of this paper is to analyze, from a critical-evaluative perspective, the scope of preliminary treatment and precontractual liability within the economic procurement process in Cuba. To this end, first, the theoretical-doctrinal criteria are systematized around the definition, content, and scope of these legal figures, by giving special emphasis to the principle of good faith which presupposes the engagement of the contract and must permeate the entire legal act henceforth until its execution. In addition, the behavioral duties derived from this principle and whose non-compliance may call for pre-contractual liability are addressed. Finally, the legal management of preliminary treatment and the responsibility that may take place during this negotiation phase is examined within the law governing economic procurement in Cuba. As this is a highly theoretical investigation, although without neglecting the necessary practical issues, legal-doctrinal and legal analytical methods were employed which allowed examining the definitions, approaches, and interpretations that have been spread by various authors on the subject, as well as their current legal regulation.

Keywords : Contract; preliminary treatment; good faith; precontractual liability; economic procurement.

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