The ratio of will and expression of will in the issue of determining pre-contractual liability.

The subject of the study is aspects institute culpa in contrahendo, embodied novels Gc 2015. main purpose to demonstrate significance correlation will and parties (the object study) determining pre-contractual liability (PO) cases where contract remains valid; an appropriate legal technique given explain restoration situation accordance with concept desired agreement, understood as a coincidence wills (common will). In this regard, it turns out that norms domestic Civil Code, defining responsibility party for contrahendo while maintaining validity contract, are insufficiently elaborated. situation, theoretical construction software be so similar caused by relationship from specific possible determine both independent position institution within framework contractual liability, but not tort. One conclusions which comes assertion nature agreement bound until contract-transaction, at request one (termination invalidation transaction) disclosed order legally fix itself single linking stages commitment. article also provides proposals unifying scope form losses unfair actions negotiation stage, particular, case when concluded disputed injured (that is, Articles 178 179 do apply).