On The Liability For Wrongs In Conclusion Of Contracts

The liability for wrongs in conclusion of contracts is a modern form of liability that was brought forth by Jhering, a famous German jurist. After studied theoretically for many years, it was affirmed by Law of Contract as the basic law at last. Although there are some disputes over the certain questions about it in theoretical circle, it is still a great advance in our country's legislation. The article has researched deep into its essence by means of the comparative study, and emphatically demonstrated its several kinds of main forms by which it takes place, such as unconclusion , invalidity and rescission of the contract . At the same time the article also analyzes the novation and the dischargement of liability for wrongs in conclusion of contract .On the theoretical basis of it, the article put forward the principle of good faith as its authoritative foundation, both in essence and in form. It directly stipulates the liability for wrongs in conclusion of contract as an analytic level view of petition. Being of benefit form the protection of the legal system of liability for wrongs in conclusion of contract, the article thinks the compensation for reliance interests accords with the essential character of the liability for wrongs in conclusion of contract. The reliance interest loss includes the direct loss and the indirect one. What's more, its compensation for damage should not be confined to the benefit of performance but adhere to the overall and practical principle.In the end, the article appraises our country's system of the liability for wrongs in conclusion of contract, and put forward some viewpoints about the scope and standard of compensation, burden of proof, limitation of action and so on...