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The German "culpa in contrahendo"
In German law the contractual liability of the debtor requires an obligation, this is expressed within the German civil code which formulates 'an obligatory relationship'. For this reason, any fault (Verschulden) committed before or during the conclusion of a contract, can only be an unlawful act, i...
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| Format: | Thesis |
| Language: | English |
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Department of Private Law
2021
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| _version_ | 1867613239770087424 |
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| access_status_str | Open Access |
| author | Ick, Harald |
| author2 | Hutchison, Dale |
| author_browse | Hutchison, Dale Ick, Harald |
| author_facet | Hutchison, Dale Ick, Harald |
| author_sort | Ick, Harald |
| collection | Thesis |
| description | In German law the contractual liability of the debtor requires an obligation, this is expressed within the German civil code which formulates 'an obligatory relationship'. For this reason, any fault (Verschulden) committed before or during the conclusion of a contract, can only be an unlawful act, in the circumstances of the law of delict. However certain problems in the law of delict arise, such as the enumeration principle, exculpatory proof, burden of proof and prescription times. These problems caused unsatisfactory results in special constellations since the German Civil Code (BGB) was enacted in 1900. Therefore, the courts and the legal writers i.n addition to the written code, and without consent or refusal by the legislator, developed the concept of 'culpa in contrahendo' as 'fault during the negotiations of a contract' (Verschulden bei Vertragsverhandlungen). |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/35337 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:58.612Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Department of Private Law |
| publisherStr | Department of Private Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/35337 The German "culpa in contrahendo" Ick, Harald Hutchison, Dale Contract Law In German law the contractual liability of the debtor requires an obligation, this is expressed within the German civil code which formulates 'an obligatory relationship'. For this reason, any fault (Verschulden) committed before or during the conclusion of a contract, can only be an unlawful act, in the circumstances of the law of delict. However certain problems in the law of delict arise, such as the enumeration principle, exculpatory proof, burden of proof and prescription times. These problems caused unsatisfactory results in special constellations since the German Civil Code (BGB) was enacted in 1900. Therefore, the courts and the legal writers i.n addition to the written code, and without consent or refusal by the legislator, developed the concept of 'culpa in contrahendo' as 'fault during the negotiations of a contract' (Verschulden bei Vertragsverhandlungen). 2021-11-22T10:11:00Z 2021-11-22T10:11:00Z 1998 2021-11-18T09:31:14Z Master Thesis Masters LLM http://hdl.handle.net/11427/35337 eng application/pdf Department of Private Law Faculty of Law |
| spellingShingle | Contract Law Ick, Harald The German "culpa in contrahendo" |
| thesis_degree_str | Master's |
| title | The German "culpa in contrahendo" |
| title_full | The German "culpa in contrahendo" |
| title_fullStr | The German "culpa in contrahendo" |
| title_full_unstemmed | The German "culpa in contrahendo" |
| title_short | The German "culpa in contrahendo" |
| title_sort | german culpa in contrahendo |
| topic | Contract Law |
| url | http://hdl.handle.net/11427/35337 |
| work_keys_str_mv | AT ickharald thegermanculpaincontrahendo AT ickharald germanculpaincontrahendo |