Study On Legal System Of Culpa In Contrahendo

"Culpa in contrahendo"came from the period of Roman law, it was not until 1861 that Rudolf von Jhering, one of the greatest German lawyers, first put forward the legal system of"Culpa in Contrahendo". More than 140 years later, the theory is widely accepted and adopted by many countries in the field of legislation and justice. At first,the theory was applied in the case of the contracts which were not established or void. Now its scope is expanded to the contract that is voidable, modifiable and valid. Some countries generalized and coded it. At last, it becomes an independent and important civil law system. As a system that was discovered between traditional contract law and tort law, its appearance can fill the vacancy of traditional contract law and tort law. It also breaks though the shackles of the habit of"no contract, no liability", and protects the benefit of the parties effectively, and upholds the fairness of law and safety of transaction.However, when compared with the other civil systems, the foundation and system of"Culpa in contrahendo"still has room for improvement, and the scope of application remains to be widened. The scholars should study the distinction between countries, and improve and perfect the system by studying.In the thesis, the author studies the system from a different perspective, instead of from the effect of contract. The obligation is the liability's foundation, so the previously concluded contract obligation is the thesis's principal line, which we hope can be of some help to seize the nature of the theory. Based on the continental law, the thesis studies the theory of"Culpa in contrahendo"in seven chapters. Chapter one introduces the formation and development history of the theory. Chapter two focuses on the concept of"Culpa in contrahendo". Chapter three studies the foundation of the theory, and it holds that the principle of good faith and protecting reliance are both foundations of it. Chapter four makes a research on the character of"Culpa in contrahendo". In chapter five, we study the constitutive requirements of the"Culpa in contrahendo". Chapter six discusses the scope of compensation. The last chapter studies the latest modification of civil law in Germany and Taiwan, meanwhile, it points out the weakness of the system in our legislation and proposes the way to perfect it.