Contracting On The Fault And Their Responsibility To Study

This paper starts wish the theory of Culpa in contrahendo by Rudolf von Jhering and annotates in an all-round manner the theory of Culpa in contrahendo centering round its essential components.The paper is divided into four parts,not including the introduction and concluding remarks.Part One concerns the theory of Culpa in contrahendo. Culpa in contrahendo is reflected in the early code of Roman Law,but as a theory,its birth was marked by the publication of the paper by Rudolf von Jhering entitled:Culpa in contrahendo oder Schadensersatz bei nichtigen oder nicht zur Perfektion gelangten Vertragen. The quintessence of Jhering' s theory on Culpa in contrahendo is that the parties concerned to a contract would enter into a reliance relationship similar to a contract from their general social relationship and they should bear necessary obligatio ad diligetium (duty of care) at the time of signing the contract and the law shall protect the reliance interests of the parties concerned. If the contract is rendered invalid due to the fault of one party concerned,that party should give the concerned party that gives credit to the validity of the contract compensation for damages incurred in reliance on the contract's being performed. The legal base for Culpa in contrahendo is the contract signed thereafter. There are shortcomings with the scope of application of Jhering's theory of Culpa in contrahendo and its legal base. This paper deals with the four doctrines concerning the legal base for Culpa in contrahendo:delictum behavior (1),act of law (2),legal provision and bona fide (3). It also deals with the legislation concerning Culpa in contrahendo in the law systems of Germany,Greece,Britain and the United States and the Chinese continent. Jhering' s doctrine has an overall major impact on the theory and practice of the law of obligation.Part Tow is about Culpa in contrahendo itself. Starting from civil behavior,the paper compares the few concepts concerning Culpa in contrahendo and puts forward its own idea about Culpa in contrahendo. Culpa in contrahendo refers to the act of civil law violation that leads to invalidity,nullity or cancellation of a contract and causes property or personal damages to the concerned person due duo the fault of the fault of another party that violates the pre-contract obligations at the stage of signing . This clearly indicates that Culpa in contrahendo in an act that violates the civil law that happens at the stage of signing the contract and violates the pre-contract obligations. The paper illustrates the relationship among the act of signing contract,the legal act of signing contract,Culpa in contrahendo and responsibilities. It also classifies the different states of Culpa in contrahendo from different angles,with emphasis put on Culpa in contrahendo concerning the "Contract Law". Culpa in contrahendo is the basis for the occurrence of debts.Part three concerns damages caused by Culpa in contrahendo. Damage caused by Culpa in contrahendo is the essential element for determining the liabilities of Culpa in contrahendo. Damage of Culpa in contrahendo refers to the fact that one person concerned to a contract directly sabotages the contracting relations due to Culpa in contrahendo,thus causing the invalidity,nullity or cancellation of the contract,depriving the opposing party of its opportunity of signing the contract and leading to its reliance damages.Damage and Culpa in contrahendo must be of the causal relationship. So damage of Culpa in contrahendo is in fact the reliance damage. What is protected in the culpa liability is the reliance interests. Reliance interest damagesinclude direct losses and indirect losses.Direct losses include signing contract expenditures and performance reserve expenses made and interests,direct harm done to person or property and to commercial secrets. Indirect losses are damages resulting from the loss of contracting opportunity on the part of the opposing party as the consequences of the invalidity,nullity or cancellation of the contract...