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Part III Other Non-Contractual Obligations, 12 Culpa in Contrahendo

From: The Rome II Regulation: The Law Applicable to Non-Contractual Obligations

Andrew Dickinson

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 September 2023

Avoidance of contract — Performance of contract — Validity of contract — Applicable law — Applicable law to non-contractual obligations — Culpa in Contrahendo — Scope of the law applicable under the Rome II Regulation — Non-contractual obligations — Contract — Tort/delict — Rome I Regulation and choice of law
12.01 Art 12, under the heading culpa in contrahendo‎, concerns non-contractual obligations arising out of dealings prior to the conclusion of a contract, whether the contract was concluded or not. The Commission Proposal contained no specific rule dealing with the category of obligations recognized in many civil law systems, albeit in different forms, under the title or description culpa in contrahendo‎.1 In Tacconi v Wagner, decided less than a year before publication of the Proposal, the Court of Justice had held that an obligation to make good the damage...
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