Study On Legal System Of Culpa In Contrahendo

During the negotiation period, when one party suffers loss due to the defaults of the other party, traditional contract law and tort law can not provide enough relief to the victim. In order to protect negotiating parties, to enrich the safety of transaction, liability of"Culpa in Contrahendo"came into being. compared with liability for breach of contract and liability for tort and other legal systems, liability of"Culpa In Contrahendo"is very young, its theoretical foundation is simple, its content is numerous and jumbled, and its system is not very clear. In legislation. its terms are general, simple, and not very suitable for application. In conclution, the theory of"Culpa In Contrahendo"is not perfect ,should be improved both in theory and legal system. The topic of this thesis: comment on liability of"Culpa in Contrahendo". The author discusses the concept of liability of"Culpa in Contrahendo"and various legal topics therewith. Finally, the author presents personal opinion and suggestions to make liability of"Culpa in Contrahendo"perfect in our country. The thesis has three chapters.Chapter One of this thesis introduces basic theory of liability of"Culpa In Contrahendo". The author intrduces origin and the concept of liability of"Culpa In Contrahendo",and analyzes characteristics,constitution elements of liability of"Culpa In Contrahendo".The next part studies the theoretical foundation and liability nature of the system, the author considers that the creation of liability of"Culpa In Contrahendo"based on the spirit of the law and the concept of fairness and justice,the principle of good faith are the theoretical foundation. The author compares and distinguishes liability for breach contract and liability of"Culpa In Contrahendo", tortuous liability and liability of"Culpa In Contrahendo".After analyzing the author demonstrates liability of"Culpa In Contrahendo"is independent civil liability scientifically.Chapter Two of this thesis is about application scope of liability of"Culpa In Contrahendo"and damages of liability of"Culpa In Contrahendo".In the first part, the author analyzes the factors which affected application scope of liability of"Culpa In Contrahendo". The author believes that the attitude of the freedom of contract and the safety of transactions determined the application of liability of"Culpa In Contrahendo".And the author demonstrates application scope of liability of"Culpa In Contrahendo"on time and space and person. Next section of this chapter introduces compensation for damages of liability of"Culpa In Contrahendo". Furthermore, the author analyses the scope and subjects of compensation and some other problems. The author draws a conclusion that the scope of compensation based on Culpa In Contrahendo should include reliance interest and maintenance interest. The author considers that maintenance interest should be fully compensated, reliance interest consisits of positive damages and negative damages, it should not exceed to performance interest.Chapter Three finally emphasizes the necessity to liability of contract conclusion negligence in the civil law a system in our country propose judicial some suggestion for legislation after analyzing the current provision practice in our country.Conclusion is mainly about the main ideas of the author.