“Culpa in contrahendo: responsabilidade civil na fase pré contratual”

Abstract

We are always so worried with what happens when a breach in the contract occurs that we forget to think about the steps prior to the contract conclusion and the consequences of the breach in this stage. Through the present work we intend to verify if the pre-contractual moment is valid and protected by any kind of responsibility and, if positive, the reason why this step must be secure. So, we reach the pre-contractual liability that intends to repair the part that believed in the conclusion of the contract and have spent time and money for their achievement, but was frustrated due to the conduct of the opposing part. Before analyzing its viability, we will study in witch period it is inserted in and its evolution throughout history. Having studied these points and assuming its acceptance, we will check witch is required for its formation and how it is indemnified. Walking, finally, to analyze practical cases, with the intention of checking how the responsibility is being applied around the globe.