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Study For The Recognition Of Liabities For Culpa In Contrahendo And The Range Of Damage Compensation

Posted on:2007-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2166360212467586Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In the course of contract negotiation, when one party suffers due to the counter party's intention or negligence, traditional contract law and infringement act law were unable to provide the suffered party with the interest's protection. For the transaction security and the safety for the contracting parties, liabilities for Culpa in contrahendo came into being. The doctrine of Culpa in contrahendo originated from the Roman Law and Rudolf von Ihering, a German jurisprudent, was the first one who enunciated the doctrine systematically. The doctrine of Culpa in contrahendo enlightened the situation which civil liabilities were subject to the behaviors such as tort, breach of contract, non-cause management and unjust enrichment in the traditional legislation and theory. And it was gradually recognized and enforced legislatively and judicially in many regions and countries and evoked controversies and various viewpoints in the circles of law and jurisdiction. With the development of more than a century, liabilities for culpa in contrahendo has expanded to a massive, intensively feasible civil liability system which is independent from liabilities for breach the contract and those for tort . In China, the previous contract legislation and GENERAL PRINCIPLES OF THE CIVIL LAW OF THE PEOPLE'S REPUBLIC OF CHINA didn't cover culpa in contrahendo explicitly, and just in some of the provisions the impact of Jhering's theories can be clearly seen. It was in the Contract Law of the People's Republic of China adopted in March 15th, 1999 that liabilities for culpa in contrahendo was stipulated comparatively comprehensively for the first time, becoming maxim of solving the compensation of one party's loss caused by the counter party's behavior of breach of contractual reliance in the negotiating process. The enforcement had a great significance for the perfection of the debt law system and for settlement of relevant issues in its application, which meant a great stripe in the development of civil law system in China. Nevertheless, compared with other civil...
Keywords/Search Tags:liabilities for Culpa in contrahendo, pre-contractual obligation, reliance interest, the range of damage compensation
PDF Full Text Request
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