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The Study on the Liability of Contracting Fault and Make It Perfect

Author: ZhuZuo
Tutor: LiangMuSheng
School: Huazhong University of Science and Technology
Course: Civil and Commercial Law
Keywords: Contracting fault responsibility anglo-american legal system civil law system legislation
CLC: D923.6
Type: Master's thesis
Year: 2010
Downloads: 125
Quote: 0
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Abstract


With the continuous development of market economy, more frequent social interaction and the significant increase on diversity of demands , resource-center transactions have been everywhere. Any transaction must be made a contract in verbal or written form. However, with the arrival of "contract" times,unfair competition, consultations and a series of other malicious credit crisis have arised.How to deal with these crises through legal methods have become a major challenge everyone must face. The energy of legal response to the problem has been increased more than 100 years, and legal norms become more and more complete. However, the traditional legal only provides the rights and obligations of the parties after the establishment of the contract; it does not give enough attention to the contract stage before the establishment of the law ,which is a limitation. Obviously, such legislation led to a number of fault liability issues lawless. For judicial practice, cases based on fault liability in courts has been increased; but without comprehensive and complete laws, judges often settle a lawsuit with assumptions. Therefore, based on the needs of social reality, it’s necessary and urgent to complete fault liability through legislation. That’s why I choose the topic.The paper is divided into four parts. In the first part, within overview of fault liability, we define the concept of fault liability, illuminate the characteristics and discuss the related elements then clarify the relationship among fault liability ,tort liability and liability of breach of contracts. In the second part,We analysis the defects of fault liability legislation. From the status quo of the fault liability legislation, we introduced the basic situation of the related legislation and analyzed the deficiencies existed in fault liability legislation legally. In the third part,fault liability of two legal systems were introduced and analyzed. We specifically analyzed fault liability on the legislature and the judiciary of the major countries, such as Germany, France, Britain, the United States. In the fourth part,we give some suggestions to improve fault liability of our country. Based on foreign-related basis of legislation, the following legislative proposals have been advised: Improve the structure, Provide fault liability, improve fault liability Elements, modify the list-style legislation of fault liability, supply proof system of treaty fault,clarify application of fault liability,and provide the compensation range of fault liability.

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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