Document Type : Research Paper
Authors
1
PhD student in private law, Department of Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran
2
Assistant Professor of Jurisprudence and Islamic Law, Department of Theology, Jurisprudence and Fundamentals of Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran
3
Assistant Professor of International Trade Law, Department of Private Law, Faculty of Law and Political Science, Khwarazmi University, Tehran, Iran
10.22124/wp.2023.23931.3155
Abstract
Today, in the world of trade and diplomacy, before concluding contract, the parties negotiate directly and indirectly. Negotiation, such as mediation, and other alternative solutions provides the necessary facilities for a a binding contract. Of course, negotiation or mediation may not lead to an agreement.. In this case, what executive guarantee is there regarding the disclosure of commercial or political secrets of one of the parties due to termination of negotiations? This article is done with a comparative approach and a descriptive, analytical method. It also deals with the descriptive analysis of negotiation and its difference with mediation, the rights regarding the termination of negotiations and also the guarantee of the implementation of the protection of trade secrets of the parties in the principles of European contract law and Iranian law. If the termination of the negotiation is in such a way that the other party's commercial and political information is disclosed, he acted against good faith and according to civil liability, it will be required to compensate for the damage.
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