Breach of obligations arising from international commercial contract negotiations in the defense industry

As defense industry activities gradually came out of the monopoly of the governments and as these activities began to be undertaken by private law persons, contracts subject to private law among private law persons became more widespread in this field.The necessity of the defense industry to be compatible with the latest technology has also made the conclusion of international contracts in this field more widespread.As of today, there are no provisions to be applied directly to international commercial contracts in the defense industry, therefore the provisions to be applied directly to the negotiations of these contracts are yet to exist.For this reason, the general provisions are applied to such contracts and the negotiations of these contracts by ignoring the characteristics of this field, or the disputes between the parties are concluded without going through any legal process leading to the complete disadvantage of one party.This situation is far from providing concrete justice and fairness.As a matter of fact, since the defense industry contracts and the negotiations of these contracts are directly related to security, diplomacy, and international relations of the governments, they have some unique features.In case of any dispute, it is important to reach a legal solution by considering these features in order to ensure the justice and fairness of the concrete situation. In order to ensure concrete situation justice and equity, it is necessary to define the defense industry, the contracts in this field and the negotiation processes of these contracts.For this reason, the stages of negotiation, the legal nature and bindingness of the texts prepared by the parties in this process, the negotiation, and different aspects of the contracts in other fields, and whether the parties had any obligations in this process were comparatively examined according to the legal systems.Liability for faulty behavior in contract negotiations, also known as culpa in contrahendo liability, has been examined to the point of sanctioning the breach of obligations.The legal sanctions to be applied in case of culpa in contrahendo liability have been examined comparatively, and finally, the determination of the law to be applied to the negotiation process, which is important in determining the obligations of the parties, has been examined. Key Words: Defense Industry, Culpa in Contrahendo, International Commercial Contracts