The Theory Of The Fault Liability To Contract

The legal concept of fault liability to contract has not been strange in our country,which first originated in Germany that belongs to the main land legal system country, our country announce "Contract Law"on March 3th 1999,in which clearly takes the fault liability to contract as a new system and provide the new system as a legal basis for judge in the trial practice. But we should also see that the provision of the fault liability to contract in our country's "Contract Law" still revealed coarsely if contrasts with other country's provision ,which has not mentioned to its compensation scope and the compensation standard ,and also insufficiently prescribed its applicable scope,and still had some difficulties in the judicial practice concrete operation .As mentioned above our country "Contract Law" has the insufficiency,so this article will make a discussion using the historical comparison method to this system,and hope that the article will be benefit for the fundamental research and the judicial practice of the fault liability to contract's system.The full text divides five parts , the first part mainly discussed the concept and the legal characteristic of the fault liability to contract. The article thinks that the concept of the fault liability to contract refers to the civil liability the contracling party should undertake during the contract's negotiating process , because the mistake of the contracting party violates the contract's first duty based on the good faith principle, so causes the contract not to be unformed, invalid or dischaged, and so on the situation occurrence, and so that impair the relative contracting party's faith benefit or the person rights and interests . The concept has the following legal characteristic that is firstly the fault liability to contract is the civil liability during the negotiating process between offer going into effect and the contract going into effect . Secondly , the contracting party violates pre-contract obligation the based on the good faith principle . Thirdly , it creats the opposite party's loss of reliance interests or the inherent interests . Fourthly , it is one kind of faulty liability.The second part analysis the constituents of the faulty liability to contract and think that should meet four requirements. Frist, the contracting party has the behavior to violate pre-contract obligation in the process of a treaty's conclusion. Second, creat the opposite party's damage. Third, violates first between the pre-contract obligation and the harm has the causal relation . Fourth,the party violated the contract has the subjective mistake.The third party analysises the request power foundation of the fault liability to contract and think that the good faith principle said as the request power foundation of the faulty liability to contract is reasonable and persuasive,after the comparative analysis abuse of authority said,the legal act said, the legal rule medoated said and the good faith principle said.The fourth party analysises the important types of the fault liability to contracts and think that the fault liability to contract should apply in the situation that the contract not only is unformed, is invalid, is discharged ,is changed or relieved,but also become effective, like this the victim's loss could obtain well compensation.The fifth party makes thorough analysis to the fault liability to contract's compensation scope. First believe that the protection object of the fault liability to contract not only including the reliance interests ,but also including the inherent interests. After that limit the scope of the damage comepensation of the fault liability to contract, and think that the reliance interests' loss not only including direct loss,but also including indirect loss,and the damage compensation should take implementation interests as its limit.As the inherent interests's loss scope,should determine for all losses,namely not only includes the universal property's losses,also includes the spiritual damaage.If the fault liability to contract competes with other liability,the victim may choose one advantageous lind to seek the compensation. Concludes a treaty under the error situation,when the victim also has the mistake ,the contributory negligence stipulation is suitable.