Culpa in contrahendo

The concept of culpa in contrahendo can be expressed as faulty behavior that occurs during contract negotiations. By starting contract negotiations, a special legal relationship, in which the element of trust is effective, is established between the parties. The parties are obliged not to harm the personal and property values of the other negotiator. The legal basis of this obligation, called the duty of protection or conduct, is the rule of honesty regulated in Article 2 of the Turkish Civil Code. According to this rule, negotiators must start contract negotiations seriously and continue negotiations in the same way. The parties must not engage in behavior that would cause the contract they negotiated to become invalid. The negotiator must inform the other party about the legal character, scope and conditions of the contract. Negotiators must take all necessary care to protect the other party's personal and property values. The party who culpably violates such behavioral obligations during the contract negotiations will be liable to the injured negotiator within the scope of culpa in contrahendo liability. In order for this liability to be in question, it does not matter whether the contract is valid or invalid, and it is not necessary for the fault to reach a special degree such as gross negligence or intent. Unlike German law, culpa in contrahendo liability is not regulated by a general provision in Turkish/Swiss law. In this case, it is necessary to determine which provisions of the law will be applied in claims for compensation based on the liability in question.