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Study on Legal System of Culpa in Contrahendo

Author: FangWenGuang
Tutor: DaiYongSheng
School: East China University of Politics and Law
Course: Legal
Keywords: Contracting Negligence Damages The main responsibility Reliance interest Inherent interest
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 257
Quote: 1
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Abstract


Contracting fault liability the bud growth gap in traditional contract law and tort law , it appears an effective solution to the traditional contract law and tort law Jieyu the first contract can not be an effective solution to the problem of the reliance interests protected . Contracting negligence liability since 1861 the German jurist Jhering First proposed contracting negligence theory of liability , gradually many of the world's national legislation, recognized by the doctrine of judicial precedent , the adoption, after more than 140 years , contracting fault responsibility with the progress of the times , the development , from initially apply only to the contract does not set up the development applicable to the contract is not established , the contract is null and void , revoked valid Contract situations such as exist in the main from the initial to the last is generalized jurisprudence , codified rise as a separate civil legal system. However , relative to other civil law system , the contracting negligence liability system is still very young , yet theoretical basis , a large and unorganized , the system is not yet clear, also showed significant differences in national legislation , more general universal law , briefly , operability is not strong , contracting negligence theory is not perfect, the system , in theory , system still need to improve . Contracting mainly from the following aspects to negligence liability regimes need to improve the problem are discussed : one to explore the Contracting fault liability concept and legal characteristics ; Contracting negligence liability system in the course of development of the two law systems of many countries Comment on the introduction of a more comprehensive system , and the latest legislative outcomes CTS- fault liability regime for improvement for our future Contracting learn . Third, a rethinking of the theoretical basis of the nature of the contracting negligence liability system , I believe that the principle of protection of the interests of the principle of good faith and trust are the legal basis , its nature should be targeted at a broad contractual liability on the contract law responsibility compared to the type, but with the liability for breach of contract , tort liability is also a separate system of civil liability . Fourth , the reconstruction of the Parties to the constituent elements of negligence liability , the author advocates Four Important Analysis and Discussion on the contents of the characteristics of the four elements . V.

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