On The System Of Liability For Fault

This assay is composed of three parts Forward, Test (5 sections), and Conclusion. Section I Rudiment and production of the contracting fault responsibility. This section is composed of five parts: First, rudiment of the system of contracting fault responsibility. The system of contracting fault responsibility began to sprout in the ancient Rome laws. It is the result of the development of economy, politics and culture of ancient Rome. The developed commodity economy of ancient Rome promoted such prevalence of the idea as equality, freedom, party autonomy, etc.. At the same time, it promoted the extensive development legislating. Spreading and development of the natural law, made the legal system taking fair, justice, sincerity as idea sprout in Rome law. But Rome law did not form a complete contracting failure responsibility theory, and lacked a systematic, deep, and perfect analysis and statement, that is commonly agreed in later age was finished by Yelin, German scholar's forest . Second, formulation of contracting failure responsibility. The development of capitalist economy and prosperity of commerce demand protection of law, a part of superstructure to businessman's interests. But Germany common law emphasizes viewpoint of party autonomy too much , stressing common mean of the party's subjective meaning, so it is not enough to meet need of business activity. Yelin, a German jurist thinks expanding explain should be given to common Rome Law, the source of the Common Law of Germany, admitting extensively trusting interests compensation, thus the contracting failure theory for protecting trusting interests came out. Third, the concept and characteristics of contracting fault responsibility. The contracting fault responsibility is defined as: A system for one party, while concluding contract, violating its pre-contract obligation because of its disobeying honest and trust principle, thus causing lost of trust interests of the other party, shall bear the responsibility of compensation for damage. Contracting fault responsibility has the following legal characteristics. 1. Contracting fault responsibility is the responsibility for compensation to the damage arising in the course of contracting procedure; 2. The contracting fault responsibility is the responsibility for compensation to the damage borne on pre-contract liability of the parity that arising from its disobeying honest and trust principal; 3. The Contract fault responsibility is a kind of fault responsibility; 4. The lost of other's credit interests caused by contracting fault is a kind of remedying property responsibility. Fourth, essentials of contracting fault and its applicable range. Essentials of contracting failure responsibility: 1. One party has the act violating pre-contract obligation; 2. The other party is damaged; 3. There is causality between the violating pre-contract obligation and the other party's lost. The range of contracting fault responsibility includes: 1. Contracting fault during contract unfound period; 2. Contracting fault of ineffective contract; 3, Contract fault of effective contract; Fifth, legal foundation and position of contracting fault responsibility. The theoretical foundation of contracting fault responsibility is the principle of honesty and trustworthiness. Contracting fault responsibility, although different from that of promise breach or infringement, it can be included in contract responsibility system. Section II Development of contracting fault responsibility. Since the 20th century, as the free capitalism period changed to the monopoly capitalism period, the abuses of market economy came out more and more. Following the ineffectiveness of market, " Stagflation" phenomenon appeared in the capitalism, especially after capitalist economic crisis in world during 1929-1933, the capitalist country strengthened intervention to economy. This kind of intervention exerted a tremendous influence to legal systems of contract law system of all countries, especially in Great Britain and the US, intervenes to economy was mor...