The German "culpa in contrahendo"
| dc.contributor.advisor | Hutchison, Dale | |
| dc.contributor.author | Ick, Harald | |
| dc.date.accessioned | 2021-11-22T10:11:00Z | |
| dc.date.available | 2021-11-22T10:11:00Z | |
| dc.date.issued | 1998 | |
| dc.date.updated | 2021-11-18T09:31:14Z | |
| dc.description.abstract | In German law the contractual liability of the debtor requires an obligation, this is expressed within the German civil code which formulates 'an obligatory relationship'. For this reason, any fault (Verschulden) committed before or during the conclusion of a contract, can only be an unlawful act, in the circumstances of the law of delict. However certain problems in the law of delict arise, such as the enumeration principle, exculpatory proof, burden of proof and prescription times. These problems caused unsatisfactory results in special constellations since the German Civil Code (BGB) was enacted in 1900. Therefore, the courts and the legal writers i.n addition to the written code, and without consent or refusal by the legislator, developed the concept of 'culpa in contrahendo' as 'fault during the negotiations of a contract' (Verschulden bei Vertragsverhandlungen). | |
| dc.identifier.apacitation | Ick, H. (1998). <i>The German "culpa in contrahendo"</i>. (). ,Faculty of Law ,Department of Private Law. Retrieved from http://hdl.handle.net/11427/35337 | en_ZA |
| dc.identifier.chicagocitation | Ick, Harald. <i>"The German "culpa in contrahendo"."</i> ., ,Faculty of Law ,Department of Private Law, 1998. http://hdl.handle.net/11427/35337 | en_ZA |
| dc.identifier.citation | Ick, H. 1998. The German "culpa in contrahendo". . ,Faculty of Law ,Department of Private Law. http://hdl.handle.net/11427/35337 | en_ZA |
| dc.identifier.ris | TY - Master Thesis AU - Ick, Harald AB - In German law the contractual liability of the debtor requires an obligation, this is expressed within the German civil code which formulates 'an obligatory relationship'. For this reason, any fault (Verschulden) committed before or during the conclusion of a contract, can only be an unlawful act, in the circumstances of the law of delict. However certain problems in the law of delict arise, such as the enumeration principle, exculpatory proof, burden of proof and prescription times. These problems caused unsatisfactory results in special constellations since the German Civil Code (BGB) was enacted in 1900. Therefore, the courts and the legal writers i.n addition to the written code, and without consent or refusal by the legislator, developed the concept of 'culpa in contrahendo' as 'fault during the negotiations of a contract' (Verschulden bei Vertragsverhandlungen). DA - 1998_ DB - OpenUCT DP - University of Cape Town KW - Contract Law LK - https://open.uct.ac.za PY - 1998 T1 - The German "culpa in contrahendo" TI - The German "culpa in contrahendo" UR - http://hdl.handle.net/11427/35337 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/35337 | |
| dc.identifier.vancouvercitation | Ick H. The German "culpa in contrahendo". []. ,Faculty of Law ,Department of Private Law, 1998 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/35337 | en_ZA |
| dc.language.rfc3066 | eng | |
| dc.publisher.department | Department of Private Law | |
| dc.publisher.faculty | Faculty of Law | |
| dc.subject | Contract Law | |
| dc.title | The German "culpa in contrahendo" | |
| dc.type | Master Thesis | |
| dc.type.qualificationlevel | Masters | |
| dc.type.qualificationlevel | LLM |