CULPA IN CONTRAHENDO LIABILITY AND RELIANCE DAMAGE IN THE CONTEXT OF TERMINATION OF CONTRACT NEGOTIATIONS

Legal certainty is a basic need for social and commercial life. Social and commercial life often requires people to do business and transaction by trusting their interlocutors. The person, acting based on the trust relationship claims the legal compensation of the damages arising from his trust. This is a manifestation of the legal certainty principle. All these result in the necessity to give a legal status to the trust relationship.The legal protection of the trust relationship is a requirement of the rule of good faith. Accordingly, the parties with a trust relationship between them are under the obligation to take the necessary care towards each other and not to damage material and immaterial rights. At this point, trust relationship in contract negotiations brings the liability of culpa in contrahendo. In such liability, as a rule, compensation for the reliance damage is required.