engleski

Precontractual liability in EU and Croatian law

Precontractual liability is not harmonised in EU law. Authors shall explore different models adopted in EU countries, EU soft law and compare that to the current state of Croatian law, especially after the adoption of the new Croatian Obligations Act in 2006. The article explores legal nature, scholarly writings, judicial practice and especially the extent of damages which may be awarded to the injured party based on precontractual liability in EU countries and under Croatian law. The crucial issue is whether a party can seek compensation of the reliance interest (negative interest) only or of the expectation interest (positive interest) as well.

culpa in contrahendo; precontractual liability; reliance interest; expectation interest

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