On The Liability For Fault

Contracting negligence liability system has been established in the civil and commercial laws of many countries. In the continental legal system,some countries confirm it as a general principle by legislation to apply in judicial practice. Although some countries follows Civil Law of Germany to stipulate that it is suitable for use in three circumstances of contract,judicial precedent and doctrine promote contracting negligence liability system to develop toward other fields. In Anglo.-American legal system,Promissory Estoppel Rule appears in Anglo-American Law of Equity,so the trust benefit of promisee is relieved. In Anglo-American Law of Contract,the measure for compensating the trust benefit loss caused by the intelligence providing obligation before making a contract is gradually adopted,good faith and credibility are stipulated a general obligation in the general definition of British Unitary Commercial Code. But there is much academic controversy on the litigant to bear the liability in view of which obligation,what loss the litigant of the other side has suffered,how they should be compensated,in the light of what the judge makes judgment,and so on. Firstly,the actual and theoretical sense of confirming contracting negligence liability system is expounded in this article,the litigant without effective protection in the law of torts field originally has gained the powerful guarantee of contract law,forming tremendous impact to the consensus theory of continental legal system and consideration theory of Anglo-American legal system,impelling the emergence of realistic contract law. It has very important sense for promoting the healthy development of socialist market economy of our country,building the idea of transaction with good faith and credibility,maintaining the safety of transaction,perfecting the civil laws system of our country especially law of obligation system. But the stipulation about contracting negligence liability system of our country is still somewhat inadequate. In order to reach the aim of correctly defining and determining the contracting negligence liability,the feature,form,compensation limit and scope of contracting negligence liability are posed and analysed in this article,at the same time,the legislation status about contracting negligence liability of our country and the application condition in adjudicatory practice is deliberated,the own viewpoint is posed. Contracting negligence liability is considered to mean the prior contract obligation that should be borne by one side of litigant because of intentionally or negligently violating the principle of following good faith and credibility after the taking effect of offer and before the taking effect of contract,causing the contract to be not established,not valid or abolished,one side of litigant suffering certain loss,or causing one side of litigant suffering personal or property damage,the side of litigant at fault should assume the responsibility of compensation,both sides at fault should assume mutual responsibility of compensation. The occurrence stage of negligence conduct of contracting must be after the taking effect of qffer and before the taking effect of contract. And the aftermath of conduct may occur at the time of conduct or any stage after that. The nature of contracting negligence liability is a kind of statutory duty violating the prior contract obligation taking the principle of good faith and credibility as rationale. The subjective constitutive elements must include subjective mistake. The scope of its application includes the circumstance of not established,abolished,invalid contract. The extent of compensation of contracting negligence liability is to protect the trust benefit of aggrieved party,the right of contracting person not suffering disbenefit or loss because of not established,abolished,invalid contracting conduct and enjoying existing property and personal benefit which should not be infringed because of the trust to the contracting conduct of the concerned person. There are many categories of...