Vorvertragliche Verständigungspflichten

In this work, the author deals with an aspect which is important for the dogmatic explanation of the pre-contractual duty to inform and which had been neglected up to now. He shows that a considerable part of those duties to inform which are determined by judicial decisions is based on the rules which are valid for the mutual consent and the agreement on the content and fundamental principles of the contract. Roland Schwarze explains that the duty to inform can originate from the duty to understand the material intent of the other party correctly, provided that one party is in possession of facts which could be of substantial importance to the other party. This work is a contribution to a better understanding of the formulation of pre-contractual duties to inform in judicial decisions.