Approaches to understanding the nature of responsibility for improper negotiation

Abstract

The article analyzes the results of the reform of civil legislation in Russia, concerning the legalization of liability for unfair negotiation on the conclusion of civil contracts. The main issue of both theoretical and practical importance is the legal nature of such liability - contractual or tort. It depends on the solution of this issue, what norms and principles must be followed when bringing an unscrupulous person to justice, how the burden of proof will be distributed in litigation. Since the basis for liability is bad faith, it is necessary to determine the ratio of the institution of pre-contractual liability with the abuse of civil rights.