Research On Culpa In Contrahendo Questions

Since its establishment, the theory of culpa in contrahendo has gone through a development history of more than one hundred years. It renders profound affect on contract theory which speaks mainly by means of cases analysis.Although,there is little dispute about the name of terms such as pre-contractual obligation, reliance interest, negligence and fault, etc., contest surrounding some basic concept and questions, such as the content of pre-contractual obligation, the concept of reliance interest, the scope of damages, and so on, has never been on halt. There is more difference than accord.Taking method of presenting main view points and theories followed by analysis and discussion, some of the mentioned above theoretical problems are explored and researched. Then supplement or new understanding to some concept is presented, resolving method is offered, and ideas to improve certain legal rule are suggested.This paper consists of three components, ie., preface, text, and epilogue. The text includes four chapters:Chapter one:summary of culpa in contrahendo. In this one, preliminary analysis and introducement are given concerning theoretical origin, concept, theory basis, and several countries'legislation of culpa in contrahendo. Among these items, theory basis and legislation of continental law system are presented or discussed in detail.Chapter two:constitutive requirements and types of culpa in contrahendo. Here, pre-contractual obligation is the pivot. Its meaning, start point, and ending are dissertated and two points are supported. One is that it starts when a contracting party's reasonable reliance comes into existence. Another is that it ends when the contract comes into effect. With regard to constitutive requirements, this chapter adopts four-requirement theory.Chapter three:liability assumer and form. Related questions about legal representative and artificial person as liability assumer are researched in depth. As for legal representative as liability assumer, the ruling features of two leading families of law are introduced, and liability bearing when a contract is invalidated caused by lacking of contracting capacity is analysed. As for artificial person as assumer, the standard to distinguish its liability and others'is analysed, and the view point of taking business dealing as the standard is accepted. Concerning liability form, the reasons and conditions for applying spiritual damage and coercive contract formation(taking effect) are studied.Chapter four:compensation scope. This chapter starts from the concept of reliance interest, reviews all kinds of points about compensation scope, then asserts, the sum of reliance interest damage shall not be limited by performance interest, and the compensation scope shall not be confined to reliance interest. Thereinto, the renewed understanding of reliance interest can be viewed as one of the significant theoretical achievements by the author.