Abstract
The new draft Civil Code includes the regulation of pre-contractual liability. This is a new institute that has no significant tradition in the Czech law, however this institute reflects modern comprehension of the principle of good faith, good morals and the principle of not causing damage to third persons, as well as the principal fair conduct.
Pre-contractual liability is applicable not just between the contractual parties, but in certain cases also to relations with third parties. The author analyzes the institute of pre-contractual liability from the point of view of German and Austrian enactment.
He declares for higher transparency of the regulation and, in particular, for specification of entitlements arising from breach of provisions on pre-contractual liability and for specification of when and under what circumstances the obligation to comply with the provision regulating pre-contractual liability arises.