Director of Fiqh and Law Department of Usul al-Din Faculty
Abstract
The meaning of the term pre-contractual responsibility is the study of the relations and obligations of the parties in the period before the conclusion of the contract. In relation to the limits of the pre-contractual obligations of the parties, the jurists have put forward three theories with the titles "principle of negotiator's responsibility", "principle of non-responsibility of the negotiator" and "intermediate theory" and each one depends on the case to justify their theory according to Hassan's principle. The intention in contracts and the principle of freedom of negotiation are invoked. In relation to the reason and the basis of negotiator's responsibility in the contract, violation of the principle of good faith, basic agreements, trust relationship and custom and the assumed will of the parties are cases. Uses responsibility. On the other hand, in relation to the nature and nature of such responsibility in Imami jurisprudence and Iranian law, some experts believe that pre-contractual responsibility is contractual, while others believe it is due to the rule of law and has coercive roots. It seems that where custom recognizes such a responsibility regarding the disclosure of basic information and compliance with good faith, it has a coercive nature.
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