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Part V Pre-Contractual Liability, 23 General Remarks on Pre-Contractual Liability

From: Global Sales and Contract Law (2nd Edition)

Ingeborg Schwenzer, Edgardo Muñoz

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 March 2023

Construction of contract — Formation of contract — Obligations of the buyer — Obligations of the seller

This chapter explains the pre-contractual phase. It recognizes the grey area when the parties have started to negotiate a contract since they are no longer strangers under tort law. As a consequence of the freedom of contract principle, parties to determine the structure of their negotiation process first. Applicable law usually handles how most negotiations precede sale contracts. Explicit rules on pre-contractual liability are rarely found, even in civil law legal systems with a comprehensive civil code. Legislators around the world introduced statutory rules providing for a general liability resulting from culpa in contrahendo. However, the CISG does not have any culpa in contrahendo provision at the international level.

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