About pre-contractual liability (its elements, principles and effects) In Iranian and English law

The pre-contract period is the period when the parties are negotiating and negotiating and the contract in question, whether required or accepted, has not yet been drafted. At this stage, the principle of freedom of negotiation prevails, which is derived from the principle of the rule of will. According to this principle, persons are free to enter into negotiations, to continue them, and finally to conclude or not to conclude a contract. Nor can the negotiator be required to enter into a contract upon the commencement of the negotiation and its continuation. This means that no liability can be imposed on the parties until a contract is concluded. However, the commencement of negotiations and its continuation by the other party may create the confidence that the contract will eventually be concluded and incur costs. From this point of view, the unjustified interruption of the negotiations by the other party will cause him losses. Therefore, in some legal systems, there is talk of pre-contractual obligations and responsibilities. Relying on a comparative study of English law, this study shows that in preliminary negotiations, there are requirements such as good faith, non-unreasonable interruption of negotiations, secrecy and the provision of correct information, which indicates that the principle of free will is not absolute. Negotiations are preliminary. In the Iranian legal system and Islamic jurisprudence, in accepting the responsibility of terminating the negotiation, one can use the general principles of civil liability such as the rules of causation, pride, fault and negation of harm. However, it is recommended that the legislature, by eliminating this legal vacuum, lay down explicit provisions regarding the limits of the rights and obligations of the parties in this period.