The article analyzes the issue of qualifying culpa in contrahendo in private international law. The author draws attention to the difficulties associated with determining the legal nature of pre-contractual liability and the diversity of approaches to this issue in various legal systems. It discusses the criteria for qualifying culpa in contrahendo in private international law, such as the source of the legal relationship, the source of trust, the legal basis of the claim, the similarity to contractual relationships, the stage of the consensus-building process, the legal remedy, and others. The author then analyzes the Rome II Regulation and its impact on the qualification of culpa in contrahendo, noting the interpretative and practical difficulties in applying the provisions.
English
Język Polski