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      Modern legal systems and the principle of “Culpa in Contrahendo”: A review of the Albanian model of pre-contractual liability on a Roman-Germanic model reference.

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          Abstract

          The doctrine of “culpa in contrahendo” constitutes an integral part of the legal systems of different states, although its content differs from one country to another. “Culpa in contrahendo”, as the states with a civil law system recognize, is bound by the obligation to act in good faith during the pre-contractual phase. It represents a responsibility that derives from the injurious behavior of the party during the stage of the contract. The common problem of various modern systems lies in classifying this responsibility, and the solution that states give is expanding the meaning of the contract or the meaning of non-contractual damage, since they do not categorize it as a sui generis responsibility. In Albanian law, there is no special provision for pre-contractual, however, the provision of Article 674 of the civil code may be considered as a basic provision that imposes liability at the negotiation stage. Regarding the nature of this responsibility, it is difficult to admit that it is of a contractual nature, when Albanian case law, despite the low number of cases, has considered it as extra contractual damage. Also, the European Court of Justice has foreseen pre-contractual liability as an extra contractual liability. The lack of unification regarding the rights, obligations and the way of protection against damage at the pre-contractual stage may cause uncertainty, especially in international trade relations.

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          Author and article information

          Journal
          Academicus : International Scientific Journal
          Academicus Journal
          01 March 2019
          : MMXIX
          : 19
          : 80-94
          Article
          6799658ffc52421b9ac6702238a07b24
          10.7336/academicus.2019.19.06

          Distributed under the terms of the https://creativecommons.org/licenses/by-nc-nd/4.0/, which permits noncommercial use and distribution in any medium, provided the original author(s) and source are credited, and the original work is not modified.

          Product
          Categories
          Social Sciences
          H
          Economics as a science
          HB71-74

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