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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