Contract Law From The Modern To The Modern Evolution

In the 19th centruy, contact law has been developed into a closed system of principles which gets rid of ethics, valuations, public policies and social relations accompanying with contract in order to maitain its purity and stability. Contract law stops advancing, but the contradiction of contractual relationship never stops. As the historical reflection of social relation replacement and an outcome of social change, contract law pays close attention to social lives just like river surges forward to sea while mountains and dams can never stop it. The "agreement (consideration)-contract-liability" classical contract mode that centers on free will is pregrant with revolted factors from the formation of mode. There are many revolted factors and the dissertation attempts to make an approach from the point of "Culpa in contrahendo" to the historical origin, the actual display and real reasons of changes of classical contract mode for throbing with the pulse of the development of contracts. The dissertation is about 42,000 words, consisting of three parts.Part One: The source of changes-the standardization of classical contract The classical contract mode is the contract law regulated in classical code centered on free will in Europe. Its starting point is France Civil Code in 1804.Germany Civil Code and Anglo-American Case Law are the continuity of the mode. The classical mode has many characteristics such as freedom of contract, formalization of contract concept, privity of contract, reason, abstract and closed system. These characteristics are in perfect homony:Formal contract concept derives from the freedom of contract and the freedom of contract arouses abstract and reaonal thoughts, leading to privity of contract and closeness and rigidity of contract system. The standardized contract mode is a product of economic liberalism, individual liberalism and positivism that have been popular from the 18th century to the 19th century. This part is designed to trace the source of changes of classical contracts.Part Two: The course of changes-Culpa in contrahendo. The classical contract mode changes in several aspects. The part is designed to make an analysis of the changes by "Culpa in contrahendo". The idea of "Culpa in contrahendo" germinated in Roman Law .The theory of "Culpa in contrahendo" enriches and develops from the time when Jhering put forward the theory of "Culpa in contrahendo" and by the regulaions to severalcircumstances (cancellation of mistake, impossible prestation and unauthorized agency) and the cultivation of case and doctrine. Now the theory of "Culpa in contrahendo" is a common understanding in law circles and the national legislation trendency in Romano-Germanic family. Though "Culpa in contrahendo" doesn't exist in Anglo-Amercican family, there are related institutions to adjust the circumstances of void contract and voidable contract. Promises without consideration (ie contract doesn't conclude) can also be the sufficient reason of damages as the establishment of the doctrine of "Promissory estoppel". Therefore, the doctrine of "Promissory estoppel" has the same function as "Culpa in contrahendo". The time of compensation for damages moves up to the time when the contract is not concluded, because of "Culpa in contrahendo"("Promissory estoppel"), and the "agreement (consideration)-contract-liability" classical contract mode is broken through. The law basis of "Culpa in contrahendo" is not delict, juristic act or legal provision, but good faith doctrine.Part Three: the causes of changes-good faith doctrine. From Switzerland Civil Code, good faith is recognized as a fundmental principle which is applicable to all civil legal relationship. Good faith doctrine can be specified as good faith duties of assistance, protection, notification, confidentiality and so on. After good faith docrine is recognized as a fundmental principle of civil legal relationship, the contracting parties are not only binded by contract duties, but also are binded by good faith duties from the point of contr...