Culpa in contrahendo

law which introduced the concept of (though not the name) in the German legal system Rudolf von Jhering is credited with developing the doctrine of culpa in contrahendo in a 1861 article. While there already existed a norm in the 1791 General State Laws for the Prussian States that made the same liability standard that applies to faulty performance also apply if, at the time of concluding the contract, one party neglects their pre-contractual duties. This norm was not taken notice of in the scientific literature. Originally, according to the prevailing interpretation of the German Civil Code, there was no such legal doctrine. The courts saw a gap in the law and used the culpa in contrahendo doctrine to fill it. Since the 2002 reform of the law of obligations, culpa in contrahendo is provided for by statute §311(2) in connection with §§280(1) and 241(2) of the German Civil Code). ==Belgian law ==

Article 1382 of the Belgian Civil Code is the general legal basis to pursue compensation for damage as a result of a culpa in contrahendo. Article 5.17 of the new Belgian Civil Code juncto Art 6.5 of the same Code are dispositions that explain the " culpa in contrahendo" ==United States==

The doctrine of culpa in contrahendo applies in the US territory of Puerto Rico. It sometimes is cited in Louisiana. ==See also==