Professional paper

Precontractual Liability

Vjekoslav Ivančić

Abstract

As we know, in 2005 the new Croatian Law of Obligations was enacted and one of the institutes which were changed was precontractual liability. In this paper, the author
analyses the historical developement of this institute concentrating primarily on Jhering’s culpa in contrahendo doctrine. The regulation on precontractual liability by the former Law of Obligations was also shown so as to compare it with the existing one which represents
a step forward concerning the extent of this liability. Signifi cant attention was also paid to the measure of damages. Moreover, it was interesting to see how common law countries treat precontractual liability, especially Great Britain and the USA, having in
mind that their standpoint regarding this institute is somewhat different than that of civil law countries one of which is Croatia (with particular regard to the good faith principle).

Keywords

precontractual liability; culpa in contrahendo; measure of damages; good faith principle

Hrčak ID:

8560

URI

https://hrcak.srce.hr/8560

Publication date:

19.12.2006.

Article data in other languages: croatian

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