On The Liability For Fault

The article begins with the origination of responsibility for fault of concluding a treaty, recollecting the development of the system of the responsibility for fault of concluding a treaty. It sets forth that the system has the deep effect on the legislation and the precedent in every country especially in the civil law country. On the basis of analyzing the theory of legal act, the tort theory , the theory of legal provisions and the theory of the honest and credit , the article indicates that the theoretical foundation of the responsibility for fault of concluding a treaty is based on the theory of the honest and credit. Making clear the concept of responsibility for fault of concluding a treaty, the article discusses the principle components of responsibility for fault of concluding a treaty from four aspects. It expounds the independence of responsibility for fault of concluding a treaty , emphasizing the difference between the responsibility for fault of concluding a treaty with the liability of breach the contract and the torts . Responsibility for fault of concluding a treaty is the fifth independent civil liability. In regard to the scope of practical application in responsibility for fault of concluding a treaty, the article sets forth that it is applied to making use of settling a bargain , consulting maliciously , hiding some important facts about concluding a contract on purpose or providing false situations, violating keeping the commercial secrets , as well as other behaviors violating the principles of the honest and the credit . Responsibility for fault of concluding a treaty is also applied by the contract taking the effect. It should be payed attention that the compensation scope of responsibility for fault of concluding a treaty, is limited only to three principles of the trust interests, reliance interests including the active and the passive losses, and reliance interests no more than fulfillment interests, which restricting and balancing the fair interests for two sides. At the end, suggestions is put forward for perfecting the system of responsibility for fault of concluding a treaty with the combination of our country's legislation state.