On Liability Of Contract Conclusion Negligence

The topic of this thesis: comment on liability of contract conclusion negligence (Culpa in Contrahendo). From the prospect of the legislation of PRC Contract promulgated in 1999, which sets forth a relatively clear and complete set of provisions with respect to liability of contract conclusion negligence for the first time in China, the author introduces the orientation and development of the legal theory on liability of contract conclusion negligence and compares the relevant legislation on liability of contract conclusion negligence in different countries. The author then further discusses the concept of liability of contract conclusion negligence and various legal topics therewith. Finally, the author presents personal opinion and suggestions to make liability of contract conclusion negligence perfect in our country. Based upon the above ideas the author elaborates the liability of contract conclusion negligence from the following prospects: Chapter One of this thesis introduces basic theory of liability of contract conclusion negligence including four aspects. At first, the author briefly intrduces origin of liability of contract conclusion negligence and induces the concept of liability of contract conclusion negligence and analyzes characteristics of liability of contract conclusion negligence. Jhering put forward the theory of liability of contract conclusion negligence in 1861, theory of liability of contract conclusion negligence which Jhering put forward exerted a great influence on legislation and judicial precedent of continental law system and common law system. In our country, from the prospect of the legislation of PRC Contract promulgated in 1999, which sets forth a relatively clear and complete set of provisions with respect to liability of contract conclusion negligence for the first time in China.The chapter also induces the concept of liability of contract conclusion negligence, by analyzing and comparing the concept of liability of contract conclusion negligence of experts of Taiwan and the mainland of China, the author induces the perfect concept of liability of contract conclusion negligence. During the period of contract negotiation one party due to his/her fault and cause acts against pre-contractual liability so that the contract is unreached , revoked, valid,...