On The Liability For Fault Of Damages

This paper starts from analysing liability for fault of concluding a treaty legislated before the implementing of " Contract Law " of China, draws a conclusion that the regulations about liability for fault of concluding a treaty at that time is not perfect, observed in term of establishing an intact civil liability system.It is " Contract Law " that establishes the system of liability for fault of concluding a treaty. " Contract Law " regards the principle of good faith as the theoretical foundation of the system of liability for fault of concluding a treaty, makes the contractors as the pre-contractual obligor in accordance with the principle of good faith during concluding a treaty, to maintain the trust interests. It has expanded the application of liability for fault of concluding a treaty. However, the regulations in " Contract Law " needs to be perfect. For example, the 42nd and 43 rd article stipulate that one party bears compensation responsibility for damage if the fault of concluding a treaty causes losses of the other, " Contract Law " has not regulations on the range of compensation. It is unfavorable to the protection of the contractors' relevant rights and interests in concluding a treaty. This paper discussed damage compensation for liability for fault of concluding a treaty from different aspects.Viewing from its development, damage compensation for liability for fault of concluding a treaty sprouts in Roman law. In Roman law damage compensation for fault of concluding a treaty is interests of trust. Jhering, a famous German jurist, first brought forth and researched the theory of damage compensation for liability for fault of concluding a treaty. In the year of 1861, Jhering issued the article " Fault of Concluding a Treaty: Compensation of Invalid Contract and Untenable contract ", in which he thought, the compensation for damage caused by the faulty contractor was the harm caused by the trust on the faulty contractor when concluding a treaty, namely the damage compensation of the interests of trust. In Germany, one of the continent law countries, the damage compensation for liability for fault of concluding a treaty is restricted trust interests; In France, the damage compensation for liability for fault of concluding a treaty is adjusted by the liability for tort; In other continent law countries or regions, for instance, Japan, Taiwan of China and Greece etc., the damage compensation for liability for fault of concluding a treaty developed from special regulations to general term. There isn't concept of liability for faulty of concluding a treaty in Britain and the U.S.A. law. In fact they acknowledge liability for fault of concluding a treaty when confirm compensation for damage liability.The theoretical foundation of liability for fault of concluding a treaty plays a decisive role to range of damage compensation. The theory of liability of tort, the theory of juristic act, the theory of legal provisions and the theory of good faith make completely different asserting to the theoretical foundation of the liability for fault of concluding a treaty. From each foundation, the range of damage compensation is different. On the theory of liability for tort, the range of damage compensation isthe compensation of damaged inherent interests. On the theory of the juristic act, the range of the damage compensation is the fulfillment interest, because it is considered a liability for breach of contract. On the theory of legal provision, the range of damage compensation is influenced with legal provisions, because its liability comes from the legal provisions. On the theory of good faith, the range of damage compensation is trust interest. The principle of good faith is the theoretical foundation of liability for fault ofconcluding a treaty, so the range of damage compensation is the trust interest.After confirming the concept and composition of the liability for fault of concluding a treaty, this paper analyses. various kinds of damage compensation of the liability for fault of concluding a treaty (the contr...