| It is since liabiity for fault theory propose , get greater development with social change of life to conclude a treaty, theories of various countries, legislate and the legal precedent , in constant development, the change, type , scope of application its, responsibility form expand further. But our country " contract law " provision on this part and abstract generally comparatively, it is on knowing been still for theory it store in with and practice last confusion in, some basic theoretical questions of the liabiity for fault to concluding a treaty of this text, express some views of the authors and know.Conclude a treaty thought of liabiity for fault , can trace back to Rome law , regard as regulation of system, newlied establish by Germany law. 1861 year Germany at their editors -in -chief in the jurist forest not famous " forest theory annual report "on issue themilestone type thesis--Prove it exist theoretically for the firsttime in " concluding a treaty faulting of having , invalid to establish compensation for damage when agreement have ". Theory of forest overthrow it set forth one's views real example the contract law ones that " haves contract haves responsibility of " not so -called, make responsibility loophole that agreement does not establish , get filling in basic. The theory it calls to be " modern sigh beginning of contract law " or " a discovery of law science " later on jurist. " Pass will it be March 15 1999, and our country that implement unify contract law include this system in among them already on October 1.Conclude a treaty liabiity for fault, is it conclude a treaty peoplein contract of concluding a treaty among the course because on purpose or fault violate the obligation of the agreement to mean, cause contract to be untenable , invalid or emergence of situation of cancelling etc. , is it conclude a treaty relative people damage to cause, civil liability that should be born in accordance with the law.Conclude a treaty core of liabiity for fault to violate ahead of a-greement obligation , this to conclude a treaty the liabiity for fault and liability for breach of contract, the main difference between liability for tort is here. Ahead of contract obligation , claim ahead of agreement obligation , is it conclude a treaty both sides as is it consult in accordance with honest and trustworthy principle and attention obligation that produce gradually each other to sign a contract by oneself to refer to too, it is including helping each other, notifies each other, an obligation of keeping each other secret etc. . Violate these do harm to the other side in free , produce liabiity for fault of concluding a treaty.Since forest creat fault after the theory , of various countries scholar include French scholar to conclude a treaty theoretical foundation of liabiity for fault carry on serious research. Is it stand up to summarize, is it encroach right dispute say legal dispute law say to have, the legal provisions are said, honest and trustworthy theory . I think , the theoretical foundation of regarding sincere principle as liabiity for fault of concluding a treaty is most rational .The liabiity for fault is a kind of independent civil liability to conclude a treaty, it , liability for tort , liability for breach of contract, other defaults responsibility together in free, form the intact civil liability system together. And, the establishment of the liabiityfor fault because of concluding a treaty, form the relation of the debt between responsible person and right person. In this sense , conclude a treaty fault is one independent foundation that debt take place too.Can assign the following several kinds while concluding a treaty in the scope of application of the liabiity for fault: (1), liabiity for fault of concluding a treaty that contract does not establish; (2), contract is it come into force liabiity for fault of concluding a treaty when to establish; (3) liabiity for fault that the contract is invalid to conclude a treaty; (4), liabiity for fault of concluding a treaty... |
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