Culpa in Contrahendo: A Comparative Analysis of Pre-Contractual Liability in Different Legal Systems

The term "Culpa in contrahendo", meaning "pre-contractual liability", was first introduced by the German jurist Rudolf von Jhering in 1861.Although this doctrine later became widely recognized and is now an integral part of almost all legal systems, there is still no unified approach regarding its content and the basis for its formation.In fact, the absence of a uniform approach is largely due to the fact that culpa in contrahendo is applied in countries belonging to different legal systems.In civil law (continental law) jurisdictions, this doctrine is primarily reflected as an expression of the duty to act in good faith during the pre-contractual negotiation phase.However, courts in common law jurisdictions (Anglo-Saxon law) consider that pre-contractual liability may be regulated based on various legal grounds, depending on the circumstances of the case.This article analyzes the origin and development of the culpa in contrahendo doctrine, the different approaches taken in various legal systems, judicial decisions from different jurisdictions, and the essential elements required for establishing pre-contractual liability.Furthermore, the article examines the relevant provisions and existing gaps in national legislation regarding pre-contractual liability and discusses the necessary legal reforms to address these gaps.