Tamara Djurdjic

PRE-CONTRACTUAL LIABILITY IN NATIONAL AND EUROPEAN CONTARCT LAW

Summary

In this paper the issue of pre-contractual liability has been discussed, especially, legal nature of this institute (because different legal rules are going to be applied in particular case depending on qualification of the liability as delictual or contractual).  The question of pre-contractual liability arises from another question about position and scope of the principle of good faith and fairness in legal system. Therefore, author examines the basic principles that pre-contractual liability is based on. Further analyze involves all conditions (assumptions) required for pre-contractual liability, emphasizing the question of possibility to apply the concept of presumed guilty of a damage perpetrator in the area of pre-contractual liability. One part of this paper examines the scope of pre-contractual liability, particularly the content of negative contractual interest. In final part of the paper author discusses compliance of solutions accepted in our national legislation with the rules of European contract law, with regard to regulation of this institute.

Key words: pre-contractual liability, legal nature of pre-contractual liability, assumptions of pre-contractual liability, negative contractual interest, principle of good faith and fairness, principles of European contract law.