О единстве концепции преддоговорной ответственности при определении стандарта поведения сторон на преддоговорном этапе (часть 2)

https://doi.org/10.24031/1992-2043-2025-25-6-7-37 As a rule, a contract is identified with the consensus itself, but this does not mean that we can forget about the process by which it is formed. Its first stage is often negotiations, which are generally not considered mandatory, but in most complex contracts that play a significant economic role, they usually exist and give rise to difficult questions about the required standard of conduct of the parties, expressing the right balance of freedom and responsibility at the pre-contractual stage. In fact, all of them go back to the search for the sources of this standard. Is it possible, as is often suggested, to speak of a uniform concept of precontractual liability in the multiplicity of its expressions, or do the fundamental differences between them prevent the construction of a universal regime of pre-contractual liability? Keywords: negotiations; pre-contractual liability; duty to disclose; confidentiality duty; failed negotiations; preliminary agreements.