آثار المسوولية المدنية الناشئة عن اخلال المتفاوض بالتزامه بالتفاوض بحسن نية

The purpose of the obligation to negotiate in good faith, which is imposed on the negotiating parties, is to establish a kind of reasonable balance between the principle of contractual freedom, which does not obligate the parties to reach the conclusion of the final contract, and between determining the minimum level of confidence, stability and seriousness in the negotiation stage, and accordingly The breach of this obligation by either of the two parties to the negotiation results in the establishment of his civil responsibility, and according to the general rules, the provisions of this responsibility require compelling the debtor to carry out his obligation in kind, but there is a jurisprudential and judicial agreement to exclude such type of implementation from the field of negotiation, and therefore what the creditor has to do Except for resorting to the second method, which is to oblige the debtor to implement in return for compensation, i.e. through compensation.