Předsmluvní odpovšdnost

Říhová, Lucia

PRE-CONTRACT LIABILITY (CULPA IN CONTRAHENDO) The doctrine of precontractual liability or culpa in contrahendo has gained acceptance in most continental civil law jurisdictions and a number of them has adopted legislation with regard to precontractual liability, for examle Germany, France, Poland, Netherlands. There are disputes about the nature of the liability: is it a contractual liability, liability of its own or form of the tort liability? These questions are neccesery to answer also for czech juridiction . The following thesis, as the chosen title already indicates, deals with the issue of pre- contractual liability in Czech private law. It starts with the historical analyses of culpa in contrahendo in European countries and compares foreign legislation especially German laws related to this issue. In doing so, it tries to demonstrate that there exists strong European tradition interrupted in Czechoslovakia during a communist regime established in Czechoslovakia from 1948 to 1989, which forced us to look back on the ancient Civil Code of Austria enacted in 1811, which was the basic Czechoslovak Code of private law until 1950. The second part focuses primarely on definition of culpa in contrahendo and on the analyses of foreign legislation in Germany, Austriche and Switzerland because of the strong...

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