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Culpa research

Author: QiHongMei
Tutor: LiuXinWen
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Contracting Negligence Trust Protection Pre-contractual duty Damages
CLC: D923.6
Type: Master's thesis
Year: 2005
Downloads: 227
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Abstract

This paper describes Culpa production, development, infrastructure and other basic issues, focuses on the Culpa constituent elements, scope and damages issues, and on this basis, the analysis of the current legislation of the system required lack of improvement on the proposed legislative proposal. Structural arrangements, in addition to this introduction and conclusion, the following six. The first chapter introduces Culpa emergence and development of the system. Elaborated Culpa regime in the history of Roman law, the official presentation of the theory and its application in relevant national and international legislation and judicial practice overview of the development. The second chapter analyzes the basic theory Culpa, first in recognizing the theoretical basis of the principle of good faith under the premise put forward contracting parties need to protect the interests of the trust of its most direct theoretical foundation; Second, the development of ideas on Culpa further explore the concept; Third, Culpa legal characteristics are discussed, in order to further capitalize on the substance of the system; Finally, in the civil law of the system status and related systems to investigate the difference establish its existence as an independent system of rationality. The third chapter discusses Culpa constituent elements of the system. This chapter discusses the analysis on the basis of relevant academic, prominent Culpa Five Elements: that between the parties with a reasonable relationship of trust; party violated pre-contractual duty; breach of pre-contractual duty parties have subjective fault; contracting parties exist injured facts; breach of contractual obligations of the first causal link between the injury. In this paper, the above eleven elements made a more detailed exposition. Chapter IV discusses Culpa scope. The author discusses the detailed analysis of the applicable Culpa eight cases. Namely: 1, not the conclusion of contracts when the bear Culpa, including malicious consultations, inappropriate withdrawn, revoked the offer and withdrawal promise not then Culpa three cases; 2, the contract is not established when Culpa; 3, the contract invalid, is changed or revoked when Culpa, including contracting human capacity is not completely untrue and contracting parties due to the underlying meaning of that uncertainty, it is impossible or illegal when Culpa three kinds of situations; 4, entitled agent's Culpa; 5, on the occasion of the Contracting entirely relative protection obligations caused personal and property damage when Culpa; 6, in violation of the duty of loyalty when Culpa; 7, to provide intelligence contracting process violates obligations ( notification obligation) when contracting over

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