Study On Precontractual Liability In European Private Law

This thesis starts with the significance of pre-contract obligation as the outcome of problem consciousness. Then the concept of pre-contract obligation is given a brief account. With European private law as the focus of the thesis, cases in a number of typical European countries are studied, among which legislations of pre-contract obligation are investigated. Therefore, based upon different attitudes European private law systems take towards pre-contract obligation, the countries involved are grouped into those favoring pre-contract obligation and those against it. Those countries are to be studied in the aspects of their attitudes towards pre-contract obligation, ways to standardize the phased application of pre-contract obligation including basic obligations, responsibilities and range of obligation violation. As the call for European integration becomes stronger, the concern had no longer been limited within in-land laws of Europe when EU scholars initiated discussions on the unification of pre-contract obligation in contract laws and had worked out a number of normative international laws, such as the principles of European contract law and a common frame of reference. For that reason, we further our discussion beyond in-land laws and summarize European international laws. Based upon inland-laws legislation, those laws and norms are also the manifestation of the commonality of in-land laws in different EU countries. The author also observes the difference in the ways of in-land laws legislation in different countries in Chapter Four.Four parts are included in the thesis: In the first part, the theory of pre-contract obligation is investigated, covering the origin, concept and practical significance. All Europe countries attach importance to its provisions while two camps, one favoring pre-contract obligation and the other opposing it, had formed with contrasted attitudes. The second part deals with the provisions within in-land laws conforming to pre-contract obligation in countries like Germany, Netherlands and France. Among those countries, there exist differences in the specific provisions of pre-contract obligation. The third part investigates into UK, the only opponent of pre-contract obligation. Reasons of opposition and ways of normalization are discussed in detail. As the core of this thesis, the fourth part concludes in a broad sense that unification of pre-contract obligation can be realized under the influence of general legal unification, within Europe where different countries share common ground and advantages. The author also reflects on China's domestic law, making comparisons between those favoring and opposing national law provisions and investigating into national laws. Domestic law is scrutinized for deficiency in self-regulation and suggestions are made to improve the legal system of China by drawing upon resources in the discussion.