COMPETENT LAW AND ORDER FOR CULPA IN CONTRAHENDO

The question arising in the legal literature about nature of culpa contrahendo has no unambiguous interpre-tation. Such different approaches to its definition as contractual, quasi-contractual or tort liability are due degree development concept systems European states. Civil Code Republic Belarus prescribes certain provisions on pre–contractual context law obligations, and consequences associated with it – causing harm - qualifies a tort. Since "segment" civil contract we interested is at junction contractual non-contractual law, then only by examining content obligation statutes will be possible determine position institution pre-contractual (culpa contrahendo) terms "proximity" particular type hence range possibilities participants these relations, which purpose this article. problems institute can resolved through comparative analysis criteria contrahendo, represents scientific novelty study. author formulated features defining an independent institution, justified need for legislative consolidation provision current Code.