Culpa in Contrahendo in Conflict of Laws Rules

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Arnon Sriboonroj


The conflict of laws on pre-contractual liability is an important issue. Especially, in the current situation in which the negotiation process between the parties before a contract is concluded involving the law of many countries. Therefore, when damage is occurred by the act of either party in the negotiation process. The conflict-of-laws rules play a significant role as an instrument for ascertaining the law applicable to pre-contractual liability. However, it is not easy to apply the choice-of-law rules with pre-contractual liability, because each country classifies different legal characteristics of pre-contractual liability. As a result, the choice-of-law rules are differently determined by the law applicable to pre-contractual liability.

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