BLP

Culpa in contrahendo or fault in negotiating is an important concept of contract law since its inception by German scholars in the 19 th century. Based on the notion of good faith, the doctrine emphasises the idea of acting and conducting the negotiations with honesty, due diligence and without any malice or intention to defraud the other party. Although antithetical within common law legal tradition, it has certainly found its place within civil law traditions, and has further developed itself to comfort with the national legal rules. Notwithstanding, there has been some important differences within civil law traditions worth examining, that were created as a consequence of the reception interpretations of local scholars. Thus, this paper will analyse this issue, focusing primarily on the German and Chinese civil codes and case law, and try to distinguish the differences in interpretation within the two systems.