Faults In Contracting Study

Luipzi i-i Comrdhendo is axx ililpol-zam legai prilzc-ple exxsti-zg -n thecontrflct 1sw of Civil Law System. In this thesxs, by way of comparative study andfrorn the perspeetive of the origin and influence of Culpa in Contrahendo, the authoraflslyses the concept, constitutive requireznents, legal foundation, status, scope ofapplieation and legal results, etc. of Culpa in Contrahendo. On the base of thisaflslysis, the author then studies Culpa in Contrahendo in Chinese law system andputS forward xvays Of perfectinS it to holp ati-exi5Uhen ti3c jt+diciai praeuce e=x lt.Tttu tllesic is uomposed Of six chapters except for the preface and the eoncluSXOn.Tney are as folloxvs:Preface is about the main issues that are to be discussed in this thesis. Thepraetical value and theoretical significance are also pointed out here.Chapter One is centered on the origin and influenee of the theory of Culpa inContrshendo. Following the process of history, the author presents to us thethoughts of Culpa xn Contrahendo in Roman Law and Jhering's theory. Then theallthor introduces the establishlnent and development of the rule of Culpa inContrshendo in countries and areas of Civil Lat`7 System. The author also introducesin this part the influenee of the theory on Common Law System and the relevantregulations in the international uniform eommercial law.Chapter Two presents the concept and constitutive requirements of Culpa inContrshendo. The author compares and distinguishes different concepts andconstitlltwc Tcquirements of Culpa in Contrahendo that are proposed by differentexperts. After analyzing the advantages and disadvantages of them, the authordemonstrates the concept and constitutive requirements scientifically.Chapter Three is about the legal foundation and status of Culpa in Contrahendo.At first, the author analyses the theories of tort, legal action, legal provision and ofbona fide doctrine, and approves that the foundation should be bona fide doctrine.Then the author points out the similarities and diff;erences between liabilities f;orCulpa in Contrahendo and those for breach of eontract and for tort. The author alsopoints out the faults in ranking the liabilities for Culpa in Contrahendo among thesystem of liabilities for contract, and concludes that liabilities for Culpa inContTshendo is one of independent eivil liabilities and that Culpa in Contrahendo isathollg the eauses of creation of obligation.Chapter Four is coneemed about the seope of application of the system ofCulpa in Contrahendo. In this part, the author proposes three kinds of criterions ofclassificstiofl slld makes clear the mess caused by many experts who point out theseope of application so differently. Approving of three admittedly aeeepted types ofCuipa in C0nu'ahcxzdo u'idz whiciz -izc conux-azUi i, um cchcd, Jiu Ui cnclcu, tLUallthor gathers aII his bravery to discuss other types xvith x`zhich the contract isre&ched, -zlodified, dissoIved, or valid.Chapter Five is about the legal results of Culpa in ContraIzendo. By -vay ofcomparing the results of Culpa in Contrahendo with those of invalid contracts, theallthor points out that there is only one way of bearing the liabilities for Culpa inContTshendo: compensation for damages. Furthermore, the author analyses theraflge and subjects of compensation and some other problems.Chapter Six is about the analyzing and perfecting of the system of Culpa inContrshendo in Chinese Lax. In this part, the author analyses the legislative andjudiczal sltuation of the system of CuIpa in Contrahendo in Chlnese IJaw beforecontr&ct 1sxv wss promulgated. The author also analyses and comments on therelcvsflt fcgulations in contract law to put forward ways of perfecting them.Conclusiofl is msiflIy about the main ideas of the author.