Culpa System

Contracting system of negligence liability arising from the earliest era of ancient Rome,but the first to explicitly put forward by Germany,is Jhering.He was editor-in-chief in 1861 in its "Annual Report of the doctrine of Jhering," No.4 on volume of the "fault of the parties,the contract null and void and non-establishment of damages" in an article on the parties put forward the concept of fault.The theory of civil law and common law countries national legislation and case law have had a greater impact,resulting in the countries of the jurists on the theory that the continuous in-depth discussions.This article is divided into five chapters.The first chapter focuses on the fault of the parties have a responsibility and influence.Parties to the faults of the origin of the earliest dating back to ancient Roman times,and later by Germany's Jelling on the parties put forward the concept of fault.The concept was put forward not only for Germany itself,but also to the civil law countries of the region and the common law countries have had the impact that can not be ignored, civil law and common law based on the fault of the parties have a theory on the trust to protect the interests of the different pattern.The second chapter discusses the major parties at fault and responsibility of the theoretical basis for legal status.Culpa on the basis of the theory there are several schools of thought,after a review of these different kinds of doctrine,the parties came to the conclusion that the faults of the theory is based on the principle of good faith.By contracting with the responsibility for negligence and breach of duty liability for infringement of comparison,the parties reached a fault on the legal status of the Civil Code is in a separate civil liability conclusions.The third chapter discusses the main fault of the parties responsible and legal features of the concept.Parties on the concept of fault liability and legal characteristics,different scholars have different views on Taiwan's academics and scholars from mainland China point of view of the main representative of the views of the analysis,the clarity of the concept of fault on the parties - parties in the conclusion of the contract In the process as a result of negligence or intentional violation of the first contractual obligations,leading to the establishment of the contract can not be invalid or revoked,and other situations occur,resulting in people contracting the relative damage,according to the law should bear civil liability.At the same time the parties set out the faults of the law and characteristics of the elements.The fourth chapter discusses the fault of the parties to the specific responsibility of the scope of application,the parties discussed the faults of the scope of the division,respectively,"the process of time" and the "effectiveness of the contract situation," and standards based on the faults of the parties to the specific application.Chapter fifth of the main parties on the faults of our system of the comments,pointing out that China's system of responsibility on the fault of the inadequacies and further improve our system of Culpa Reflections.