The ratio of will and expression of will in the issue of determining pre-contractual liability.

Abstract

The subject of the study is aspects of the institute culpa in contrahendo, embodied in the novels of the Gc 2015. The main purpose is to demonstrate the significance of the correlation of the will and the will of the parties (the object of the study) in determining pre-contractual liability (PO) in cases where the contract remains valid; an appropriate legal technique is given to explain the restoration of the legal situation in accordance with the concept of the desired agreement, understood as a coincidence of wills (common will). In this regard, it turns out that the norms of the domestic Civil Code, defining the responsibility of the party for culpa in contrahendo while maintaining the validity of the contract, are insufficiently elaborated. In this situation, the theoretical construction of the software turns out to be so similar to the liability caused by a legal relationship from a specific contract that it is possible to determine both the independent position of this institution and within the framework of contractual liability, but not tort. One of the conclusions to which this study comes is the assertion that the nature of the agreement is bound by the will of the parties until the framework of the contract-transaction, at the request of one of the parties (termination of the contract, invalidation of the transaction) is not disclosed in order to legally fix the agreement itself as a single legal relationship linking the pre-contractual and contractual stages of commitment. The article also provides specific proposals for unifying the scope of liability in the form of losses caused by unfair actions at the negotiation stage, in particular, in the case when the concluded contract is not disputed by the injured party (that is, when the norms of Articles 178 and 179 do not apply).