Study In Fields On Liability For Wrongs In Coclusion Of Contract

Despite that liability for wrongs in conclusion of contracts is stipulated in Contract Law of our country in 1999,it still remains far less from unquestionable on legislation .The hot issue has long been under discussion by the academic circle, but the agreement has not been reached yet.moreover,in the legal practice the items can be hardly operated, which makes the cases judged without proper clauses to be invoked As a legal personnel engaged in the career for years, I am often confused that the existing items concerning liability for wrongs in conclusion of contracts in our country is not able to be in conformation with the requirement in reality. Therefore, I refer to a lot of materials concerning the theories of the scholars of mainland China, Germany and Taiwan as well, and with regard of my years of work and research experiences, focus on and research into the concept, characteristics, and general elements of Liability for wrongs in conclusion of contracts. I expect that it will be helpful for the research of liability for wrongs in conclusion of contracts, the theory of law of obligation, and legal practice.The article is composed of three parts:part I, mainly treats the concept of liability for wrongs in conclusion of contracts. Through the observation on the different theories by the scholars in our nation, this part demonstrates the deficiencies of them, and thus define liability for wrongs in conclusion of contracts as: before contract becomes effective, where either party fails to perform obligations before fulfillment of contract, which leads to ineffectiveness or invalidity of contract and damages to the other party′s reasonably expected interests on the principle of good faith, the party has fault shall bear the obligations in accordance with laws. The part analyses the concept from four aspects: 1. The scopes of application of liability for wrongs in conclusion, namely space and time. First , the comparisons are made between two compels of concepts, the acceptance and conclusion, and the conclusion and validation, which demonstrates that the three concepts are confused in the traditional theory, thus leading to the result that liability for wrongs in conclusion of contracts is only confined to the phase of negotiation. Then the part further illustrates that during both of the phase of negotiation and the phase of coming to force, liability for wrongs in conclusion of contracts should be imposed, and therefore the space scope to impose liability for wrongs in conclusion of contracts and liability for breach of contracts are scientifically distinguished. Secondly, as to the time scope of application, this part holds that liability for wrongs in conclusion of contracts is allowed to be imputed during the whole process.2The recognition on the imputation principles of liability for wrongs in conclusion of contracts. The 'wrongs' in conclusion mean intentional breach of contract or breach of contract by negligence, to either of which the imputation principle of fault should be applied.3.The recognition on validity of contracts. validity is an evaluation given by the state to define whether the contract is effective.4.The recognition on the obligations of contracts. This part expounds the details of the obligations before the fulfillment of contracts, in which the characteristics of the obligations, as the subsidiary obligations of contracts are emphasized.part Π is mainly about the general elements of liability for wrongs in conclusion of contracts.1.This part points out the faults of the theories of 'three elements', 'four elements' and 'five elements' .Making a comparison between two different compositions of four elements, the part holds that the theory of 'four elements' is more reasonable, although there exists deficiencies in it.2.The conclusion is drawn in the article that liability for wrongs in conclusion of contracts composed of four elements:(1)Either party fails to perform the obligations binding curtain parties before the fulfillment of contract; the kind of obligatio...