O dever de indenizar decorrente da ruptura injustificada das tratativas: uma análise sobre a responsabilidade civil pré-contratual

Abstract

Pre-contractual liability by unjustified rupture of negotiations has been applied by the Brazilian Law due to the efforts of the doctrine and the jurisprudence based on the principles of objective good faith. Even though studies about this subject have increased during the last decade, especially the ones based on the principle of objective good faith; there are still aspects of pre-contractual liability which deserve to be more deeply analyzed. The aim of this paper is to contribute to the diffusion of the matter, presenting some of the main discussions about the theme and examining the compensatory damage and the legally protected interest of the pre-contractual liability by abrupt and unjustified rupture of preliminary negotiations.