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Study On Issues Of Culpa In Contrahendo

Posted on:2005-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:X B LiuFull Text:PDF
GTID:2156360125956386Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Culpa in Contrahendo is an important legal principle in the law of obiligation in Civil Law Tradition . The principle aims to protect the concerned parts who have been involved in the precontrctual stage. The blank of legal adjustment is avoided by this principle . Since Jhering established this principle, the principle has been accepted in the late theory. The civil code in many countries has stipulated Culpa in Contrahendo. The principle is accepted in many countries, however, many problems concerning it have not been solved. The perfect theory is the premise of reasonable law-making. Today we are making The Code of Civil. Where to lay Culpa in Contrahendo needs our consideration.In order to establish the reasonable system of civil liability, the author decides to study some issues on this principle.The thesis consists of five parts.The words add up to more than 38000.Part One is the preface ,which tell us the motive of the author to write this thesis .Part Two discusses the nature of Culpa in Contrahendo .The author views its nature as liability of tort . Culpa in Contrahendo is not dependent liability.Part Three discusses who will bear the liability caused by Culpa in Contrahendo.The author considers besides parts of the contract the third part may undertake this liability.Part Four discusses the constitutive requirements of Culpa in Contrahendo. The author considers the constitutive requirements should include four parts.Part Five discusses the scope of compensation based on Culpa in Contrahendo. The author considers both maintance interest and reliance interest should be compensated.
Keywords/Search Tags:Culpa in Contrahendo, liabilty of tort, reliance interest
PDF Full Text Request
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