Information Prior To Disclosure Obligations Of Parties To The British And French Comparative Study

The very purpose of this dissertation is to provide advices for the establishment of China's pre-contractual legal system through a comparative study on the pre-contractual duty of disclosure of French law and English law. In this scenario contractual liability and tort liability fade one into the other. French law and English law provided different rules.This dissertation is divided into the following seven parts. The first part is preliminary Distinctions. This part will briefly introduce Roman law's attitude towards the pre-contractual duty of disclosure. In the second part, relevant systems of French Law will be analyzed, and the conclusion that in France there now exists a whole series of pre-contractual obligations to disclose information. The third part will introduce the attitude of English law on this point. The traditional English principle 'Caveat Emptor' has not been overthrown but only limited by certain rules. In the fourth part, Economic approach will be introduced to analyze the pre-contractual obligation to disclose information. The fifth part is comparative study on the divergence between English law and French law. In the sixth part, advices to article 42 of Chinese Contract Law will be suggested. In the last part a summary of this dissertation will be draw.