About Responsibility Of Contrahendo Culpa

19 Dec About Responsibility Of Contrahendo Culpa

The “Culpa in Contrahendo principle”, one of the principles of Roman law, that is, the legal institution of pre-contractual obligations, supports how important and in a sense legally binding the process and communication between partners before the signing of the framework contract between the parties is.

During contract negotiations, called Culpa in Contrahendo Liability the concept of liability arising from the offending conduct, by the principles of honesty and fairness, contract, or violation of the obligation to take care in similar situations that are involved in negotiations about the result.

Culpa in contrahendo is defined as the liability arising from the damage caused to each other by the parties ‘ flawed behavior at the stage of negotiations between the parties before the establishment of the contract. Between the parties, a legal relationship is established between the parties when commercial cooperation begins to be discussed, and the parties engaged in contract negotiations are obliged to comply with the honesty rule. This obligation makes it necessary to participate in negotiations and act in this direction with a serious intention to conclude the contract. Before the establishment of the treaty, negotiations are held between the parties on the content, conditions, rights and obligations of the parties. A trust relationship has been established between the parties since the start of the negotiations, and this trust relationship is based on the honesty rule set out in Article 2/1 of the Turkish Civil Code.