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On contracting fault

Author: SunHongBo
Tutor: FengJuPing
School: East China University of Politics and Law
Course: Civil and Commercial Law
Keywords: Contracting negligence Consumer credit business University Press Contract Law in China Breach of contract The obligation to protect Promissory estoppel Principle of good faith Vested interest Encyclopedia of China
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 120
Quote: 0
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Abstract


The institution of culpa in contrahendo is built up on the basis of due control about freedom of contract doctrine.Ⅰmainly discuss about the production, development and embodiment in many countries legal system in this article.Ⅰintroduce the culpa in contrahendo academic system in text. Meanwhile,Ⅰanalyze the background and expressional forms of culpa in contrahendo that continually occur in bank personal credit operation presently. In order to illustrate the issues about culpa in contrahendo,Ⅰuse the methods about meaning analyses, history review, compare analyses, logistic analyses and economic analyses for the issues of culpa in contrahendo on basis of analyses theory. Especially,Ⅰfocus on the expressional forms of culpa in contrahendo occurred in bank ,personal credit operation.There are six paragraphs in text. The prolegomena briefly present culpa in contrahendo and give two examples about it in bank personal credit operation.Ⅰanalyze it here simply and lead the produce, development and concept of culpa in contmhendo system.Ⅰintroduce the history development of culpa in contrahendo system, bring forward its concept and classifiably summarize the expressional forms in many countries legal system in the first paragraph.Ⅰintroduce culpa in contrahendo system fully in the second paragraph, including the legal base, legal character, value and expressional types. The last part in the paragraph introduces promissory estoppels in Anglo-American law system and compares it with culpa in contrahendo.Ⅰdiscuss the constitute of culpa in contrahendo liability and present the constitute of halt negotiate specially. It is the same type that occurred in bank personal credit operation frequently.Ⅰcompare culpa in contrahendo liability with breach of contract liability and tort liability in the forth paragraph. In the fifth paragraph,Ⅰtreat of legal consequence about culpa in contrahendo and point out its compensation scope, including for damage inherence benefit and variable benefit.Ⅰintroduce liability concurrence of culpa in contrahendo in the last part of this paragraph.Ⅰdiscuss culpa in contrahendo system in our country in the sixth paragraph.Ⅰpresent the correlative content of our contract law and amendment bill of debt law in Taiwan.Ⅰbring forward my personal advice about amending our contract.In conclusion,Ⅰthink building up culpa in contrahendo system is to modify traditional principle of contract freedom and to embody bona fide doctrine. Some regulations in our contract law are unreasonable and need to perfect continuously though there are some progress on legislation as referring culpa in contrahendo partly.

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CLC: > Political, legal > Legal > UNIVERSITY > China and France
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