Fault Liability Damage Of Research For Compensations

Misfeasance thoughts, the earliest dates back to Roman law period of buyers litigation system. But the Roman law does not form a fault liability concept and system theory. Fault theory only until 1861 by German jurist "Lin first put forward. The world of the legislation and case has far-reaching influence. It overturned "no contract, no liability" absolute contract responsibility theory, expanded contractual liability applicable scope, perfected the debt law theory.Misfeasance core is violated the first contract, this is it and tort liability, where the main difference between the responsibility of breach of contract.Fault liability refers to the contracting people in the process of the conclusion of the contract, for intentional or negligent violation first contractual obligation, lead to the contract was revoked, invalid or other interests, to undertake such liability for damages. Its constituents have four: in accordance with the contracting party violates the principle of good faith should fulfill notification, assistance, care and protection first obligations under a contract behavior; A loss by the contracting counterpart; Violation of first obligations under a contract party has fault; Violates the first contract obligations between fault and damage either causality.Fault liability for damages of the applicable situation has 3: contract fails the liability to pay compensation; and immediately When the contract is null and void the liability to pay compensation; The contract was revoked when changes, the liability to pay compensation.In the end the paper analyzes misfeasance damages on the legislation present situation and the existing problems and Suggestions to solve the problem.