Due to rapid social change and frequent commercial activities, the concept of culpa in contrahendo has been adopted in Article 245-1 of the Civil Code of Taiwan in 1999, to ensure pre-contractual duty. However, such concept cannot be found in “Law Governing the Application of Laws in Civil Matters Involving Foreign Elements,” neither as applicable laws nor qualification in clarity.
“Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the Law Applicable to Non-Contractual Obligations (Rome II) ,” referred to as the “Rome II Regulation” , has made a special rule for culpa in contrahendo, giving great impact on the application of law. In addition, because there’s frequent trading corre-spondence between Taiwan and China, this paper includes references to “Law of the People's Republic of China on Choice of Law for For-eign-related Civil Relationships” as well as its practices.
Accordingly, this paper compares the “Law Governing the Applica-tion of Laws in Civil Matters Involving Foreign Elements,” Rome II Regulation, and “Law of the People's Republic of China on Choice of Law for Foreign-related Civil Relationships,” and it is proposed to offer suggestions in dealing with law applicable to culpa in contrahendo for further studies.
