Independence of Pre-Contractual Legal Relations: Genesis, Doctrinal Debates, and the Place in the System of Civil Law Regulation

Abstract

This article examines the issue of the independence of pre-contractual legal relations within the mechanism of civil law regulation of foreign economic activity. The article analyzes the genesis of the doctrine of pre-contractual liability, beginning with the concept of culpa in contrahendo as formulated by R. von Jhering, and traces its subsequent development in the law of continental European states and common law systems. Particular attention is devoted to the scholarly debate concerning the legal nature of pre-contractual relations and their place within the system of civil law. On the basis of a comparative legal analysis of the legislation of Germany, France, and the Russian Federation, as well as international unification instruments, the article substantiates the conclusion that an independent institution of pre-contractual liability has taken shape. The problems of regulating pre-contractual relations under the law of the Republic of Uzbekistan in the context of the development of foreign economic activity and the attraction of foreign investment are considered separately. The article concludes that the formation of a systematic mechanism for the legal regulation of pre-contractual relations in national legislation is necessary.