On Several Legal Problems Of The Liability For Fault

In1861,Jhering firstly Proposed the concept of the theory. It had a far reachingimpact on the legislative and judicial systems for the Continental Law countries and theCommon Law countries.This Paper begins with the Production and affection of fault liability. Describes thetheoretical basis of fault liability, such as the legal nature, the scope, the protected objectsand the issue of compensation, etc. analyses the existing legislation on fault liability inChina. The Paper puts forward some advice on how to improve our system of fault liability.This article is divided into six parts.The first part introduces the Production of the theory, and the impact on the ContinentalLaw countries and the Common Law countries.The first part also discusses some issues related to the theory, including its concept,components, legal status. And it is an independent civil liability by comparing with thebreach of contract and tort liability.The second part discussed that it is an independent civil liability by comparing with thebreach of contract and tort liability. Via comparison between liability of the breach of dutiesand that of tort,it is pointed out that there mang differences between them and they can notbe substituted by one another.the liability of negligence is an independent one and itconstitute the liability system of civil law with other two kinds of liabilities.The third part discusses the application and the compensation issues of the faultliability, including some cases for applying fault liability, such as the contract is notestablished, the contract is revoked and the contract is established but not goes into effect.The forth part discusses the d the compensation issues of the fault liability,.Thecompensation scope of contracting negligence liability includes the reliance and inherentinterests as well.moreover,the compensation scope for inherent interests would not exceedperformance interests.The compensation Method related to contracting negligence liabilityincludes two types,the return of the property and the compensation for the loss.The fifth part analyses how to avoid the liability.The last part analyses the development of the fault liability in the world under theglobalization of the economics.The thesis,on the basis of various research methods,such as comparison,demonstration andcase analysis,historical analysis.The thesis contains35477words in all.The conclusion of this paper is that,during the process of the conclusion of the contract,one party breaches the pre-contractual obligation occurred from the honest principle resulting in the damages of the other party,such party shall take the liability for compensation,regardlessthat such contract is finally concluded or valid.in this paper,the author has her own opinion onhow to avoid the contracting negligence liability.