Culpa in Contrahendo as the General Ground for Precontractual Liability in Polish Civil Code

Abstract

The justified and legally relevant relationship between contracting partners acting together in order to conclude a contract along with a comprehensive system of precontractual liability have been recognized in Poland at least since the enter into force of the Code of Obligations in 1933. Nevertheless until 2003 there wasn’t any specific legislative enactment of general duty of fair dealing in the precontractual stage. This article sheds light on the legal concept of culpa in contrahendo, with particular emphasis on questions of tort, contract or tertium genus, the objective character of precontractual liability, the scope of protected precontractual interest, and the adequate causal link and the moment of breaking off negotiations. The article concludes with an overview of the perspectives of culpa in contrahendo in the new Civil Code in Poland.