Department of Law
Library of the School of Law

2023-04-07

2023

Dimitriou Ioannis

1. Αντώνιος Καραμπατζός, Καθηγητής Νομικής Σχολής ΕΚΠΑ (Επιβλέπων)
2. Μιχαήλ Αυγουστιανάκης, Καθηγητής Νομικής Σχολής ΕΚΠΑ (Μέλος της Τριμελούς Συμβουλευτικής Επιτροπής)
3. Ζαφείριος Τσολακίδης, Αναπληρωτής Καθηγητής Νομικής Σχολής ΕΚΠΑ (Μέλος της Τριμελούς Συμβουλευτικής Επιτροπής)
4. Γεώργιος Γεωργιάδης, Αναπληρωτής Καθηγητής Νομικής Σχολής ΕΚΠΑ
5. Θεόδωρος Λύτρας, Επίκουρος Καθηγητής Νομικής Σχολής ΕΚΠΑ
6. Κωνσταντίνος Καραγιάννης, Επίκουρος Καθηγητής Νομικής Σχολής ΕΚΠΑ
7. Βάγιας Παναγιωτόπουλος, Επίκουρος Καθηγητής Νομικής Σχολής ΕΚΠΑ

Το στάδιο των διαπραγματεύσεων στη σύμβαση πώλησης

Greek

The negotiation stage in the sales contract

This thesis deals with the legally critical aspects of the pre-contractual negotiations stage and the particularities they present in the sales contract. The approach to the problem is attempted through the conceptual and functional analysis of the pre-contractual relationship based on the interpretation of the provisions of articles 197-198 of the Civil Code, which constitute the legislative basis of the general obligation to negotiate in good faith and in accordance with business ethics in Greek private law.
The first part of the study attempts the conceptual demarcation of the negotiations phase with temporal and functional criteria and the examination of the legal treatment reserved for this under Greek private law. Particular importance is given to the analysis of the legal nature, the generating conditions and the subjective and objective scope of pre-contractual liability with an emphasis on the content, type and scope of the intended compensation.
In the second part of the research the conclusions drawn are used, in order to highlight the peculiarities of the sales contract negotiation. For a more complete understanding of the concept and function of the pre-contractual relationship the demarcation of its subjective and objective fields is attempted. Regarding the first aspect, the main and secondary parties involved in negotiations are distinguished firstly on the basis of functional criteria and the conditions for the conceptual identification of the qualities of the negotiating and the prospective contracting party, which do not necessarily coincide with the same person, are highlighted. At the same time, the possibility of expanding the subjective limits of pre-contractual liability is explored through the evaluative assimilation of the role of the seller and the buyer with that played by third parties involved in the negotiation process. Regarding the second aspect, the description of the object of negotiations focuses on their content and their purpose to serve the expectations of the parties, both in terms of preparation of the intended sale and in terms of conducting the negotiation process. The study examines in particular the possibility of the seller and the buyer to circumvent the negotiation process or deviate from the heteronomous legislative interventions in their negotiation and generally their contractual freedom by agreeing on the way and conditions for commencing and conducting the negotiation, determining the observance on their part of the behavior and the content of the more specific pre-contractual obligations, but also the consequences of their breach. Useful conclusions for the closer approach to the nature and function of the pre-contractual relationship are also drawn through the examination of the renegotiation of the terms of the concluded sales contract, to the extent that the relevant obligation shares a common doctrinal basis with the duty of good faith negotiation. The interest of the study is then focused on specifying the content of the general standard of good faith behavior in the sales contract negotiation and on the specific duties arising for the prospective contracting parties from the general clauses of good faith and business ethics. In this context, issues of convergence of the legal consequences provided for by each subsystem of provisions are examined in relation to the more specific regulations of pre-contractual behaviors that justify the reversal of the concluded sale.
The development of the subject is completed in the third part with the analysis of the legal treatment reserved for the negotiation of the sales contract at an international level and in the context of the harmonization-unification of European private law. The study presents in particular the provisions of the Vienna International Convention on the International Sales of Goods and the Principles of International Commercial Contracts, which may constitute a legislative basis for pre-contractual obligations for the prospective parties to the sales contract, and the corresponding "soft law" rules of the Principles of the European Contract Law, the Draft Common Framework of Reference and the now withdrawn Proposal for a Regulation on the Common European Sales Law, in which the obligation to negotiate in good faith and pre-contractual liability for its breach are explicitly grounded.

Law and Legislation

negotiations stage, negotiations, sales contract, sale, pre-contractual phase, pre-contractual liability, civil law, private law

No

0

No

1812

473

File access is restricted until 2026-04-05.

https://pergamos.lib.uoa.gr/uoa/dl/object/3298410