Since some declarations of intent are scheduled, but contain binding provisions on the conduct of negotiations (e.B.g. confidentiality agreements, obligations not to conduct parallel negotiations), they provide, in most cases, that, if a contract is not concluded, there is no liability for the parties. But this does not remove the duty of good faith in negotiations. This obligation is subject to interpretation by the courts and may vary from country to country. In our system, the duty of good faith implies the duty to conduct negotiations seriously. This obligation is breached if a party who has agreed on the contracts under discussion rejects the contract without reasons. In order to study the attempt to resolve these complex issues and to limit his research to contracts between economic operators and, in particular, between product manufacturers, the author has examined the behaviour of economic operators who do not normally care about the legal impact of their acts, do not bother to draw up “complete” contracts, and they rarely include legal sanctions for non-compliance with commitments. resolution or contains dispute resolution clauses in contracts. This finding was justified by the fact that the planning of an economic policy operation and the prospect of legal sanctions were not only considered unwise, but that they could not have desirable effects either. In that analysis, the underlying thesis was that, when economic transactions are completed and remedies are provided for in the event of default, the costs tend to outweigh the benefits and only those who play a decision-making role in the contractual relationship are able to understand whether it is appropriate to use the techniques provided in the tradition and which are covered with codified legal forms.
or abandon the use of formally rigid and swampy instruments and introduce simpler, faster contact and negotiation techniques and not an element of the business strategy. The Treaty can therefore be seen as a means of carrying out – but also of controlling – economic transactions carried out in large organisations or as an element of a relationship with other economic operators or with the public, which take account of legal forms only if relations are broken. . . .
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