The theoretical conception of pre-contractual and contractual liability

OF DIPLOMA THESIS THE THEORETICAL CONCEPTION OF PRE-CONTRACTUAL AND CONTRACTUAL LIABILITY Author: René Cienciala Supervisor: doc. JUDr. Karel Beran, Ph.D. Department: Department of Legal Theory and Legal Doctrines The purpose of my thesis was to analyse theoretical aspects of precontractual and contractual liability under Czech law. I particularly focused on precontractual liability (also known as culpa in contrahendo) due to its unclear and unresolved theoretical conception among Czech jurisprudence. The thesis consists of eleven chapters including one annex. After short introduction, I briefly analysed the meaning of a general term legal responsibility/ liability in the second chapter, and a historical background including the original Jhering's conception of culpa in contrahendo in the third part of the thesis. The fourth chapter is devoted to defining the scope of precontractual liability and specific precontractual duties and/or obligations during a contract negotiation under both current and revised civil law. I comprehensively analysed underlying principles of a concept of precontractual liability, its general nature and a nature of precontractual relationship in the fifth part of the thesis. I also tried to provide theoretical description and definition of the conception of culpa in..