The Present Differences between the Civil Law and Common Law Worlds with Regard to Culpa in Contrahendo
Tilburg Foreign Law Review, Vol. 2, No. 4, 1993
35 Pages Posted: 28 Nov 2007
The article discusses the implementation of the concept of good faith in precontractual negotiations (culpa in contrahendo) as one striking example of the way Continental legal thinking differs from its American counterpart.
As this divergence is to a certain measure history - and culture - bound, the comparison with the application of good faith notions in Israel, with its unusual mixed civil and common law system, is of interest.
Keywords: culpa in contrahendo, precontractual liability, good faith in contract law, precontractual liability in French law, precontractual liability in German law, precontractual liability in Italian law, precontractual liability in Israeli law
JEL Classification: K00, K10, K19, K20, K29, K30, K39, K40
Suggested Citation: Suggested Citation