Pre-contractual liability (culpa in contrahendo)

One of the main notions of private law system - conclusions of commercial transactions - belong to those human activities that have achieved a high level of complexity and have long-reaching consequences. The often present a long process with the necessity of incurring substantial investment. Therefore, the legal systems of many countries introduce measures that aim to protect good faith of the participants in negotiations. The concept of precontractual liability provides remedy to the injured party which takes part in a contracting process. The main objective of this thesis is to examine the content of pre-contractual duty to act in accordance with good faith and determine whether these obligations are based on a firm legal basis. The first chapter of this thesis deals with the concept of pre-contractual liability in general. First, it describes the social demand which should be adressed by this concept. In the second subsection of the first chapter, we discuss the theory of pre-contractual liability, which was deduced from Roman law by the German legal scholar Rudolf von Jhering. In the second chapter an attempt is undertaken to explore the contents of the primary obligations of pre-contractual liability, or in other words the concept of objective good faith as it is applied to contractual..