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On Liability Of Culpa In Contrahendo

Posted on:2003-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2156360062990536Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
No country in the world has any systematic legal system of liability of culpa in contrahendo. Especially in common law legal system, liability of culpa in contrahendo can't incorporate into the traditional civil liability system, which results in a confusion of the distinction between contract liability and tortious liability. This is greatly related to the chaos of current theory on liability of culpa in contrahendo: This theory didn't distinguish its value orientation from its nature of civil liability. There exist greatly different viewpoints of its nature of civil liability and evident misunderstanding about its value orientation; the four constitutive elements of general civil liability, the ambiguous "reliance interesf'as the criteria of compensation for damages continue to be used. Based on the analysis of the above errors of current theory, this thesis makes efforts to reconstruct the system of liability of culpa in contrahendo. Firstly, pre-contract legal relationship is fully demonstrated so as to make clear the foundation of this system; secondly, the legislative principle of this system is to balance between the principle of contract freedom and the principle of good faith; thirdly, liability of culpa in contrahendo is a kind of independent contract liability; fourthly, two factors must serve as the constitutive elements of this system which is quite different from those of general civil liability; fifthly, "inherent property interest" should be regarded as the criteria and scope of the compensation for damages rather than "reliance interest "; lastly, several legislative proposals are pointed out for China's relevant laws.
Keywords/Search Tags:contract freedom, good faith, balance of interest, pre-contract legal relationship, culpa in contrahendo, inherent property interest
PDF Full Text Request
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