Subsection 1: Negotiations

The initiative, conduct and termination of pre-contractual negotiations are free. They must imperatively satisfy the requirements of good faith. In the event of fault committed in the negotiations, compensation for the resulting loss may not be intended to compensate for either the loss of benefits expected from the contract not concluded, or the loss of opportunity to obtain such benefits.

Either party who is aware of information whose importance is decisive for the consent of the other must inform the other of this fact if the latter is legitimately unaware of this information or trusts his co-contractor. However, this duty to inform does not relate to the estimation of the value of the performance. Information which has a direct and necessary connection with the content of the contract or the…

Any person who uses or discloses without authorisation confidential information obtained in the course of negotiations shall be liable under the conditions of ordinary law.