On The Liability For Fault

The theory of fault liability in conclusion contract was originated from Roman law and went through the development of several centuries. German jurisprudential scholar R. von Jhering was first to put forward the concept of fault liability in conclusion contract and made in-depth analysis of fault liability in conclusion contract till the middle period of the 19th century, causing a great sensation in jurisprudential circle. Much later, fault liability in conclusion contract has gradually been acknowledged as a legal system and been specified respectively in civil codes of German, Switzerland and Greece and even stipulated as a basic legal principle by some countries.It was not much later until China made study of fault liability in conclusion contract. However, Article 11 of the former Law of The People's Republic of China on Economic Contracts involving Foreign Interest was the first to include fault liability in conclusion contract and later, relevant regulations on fault liability in conclusion contract was seen in Article 61 of General Principles of the Civil Law of the People's Republic of China. Regulations on fault liability in conclusion contract in Article 42 and 43 of Contract Law of the People's Republic of China (1999) marked the official establishment of the legal system of fault liability in conclusion contract in China. However, compared to other countries, the China's stipulations on fault liability in conclusion contract are not comprehensive and complete enough and need further improvement.The disputes over the concept, type, legal foundations and means for bearing liability of fault liability in conclusion contract are still existing among scholars at home and abroad. The author attempts to expound the origination, development, concept, constitutive requirements, legal foundations and legal character of fault liability in conclusion contract based on the previous research findings on fault liability in conclusion contract in consideration of various relevant theories and legislations, and meanwhile, to discuss the weakness of the current laws of China in stipulations of fault liability in conclusion contract and puts forward suggestions on improving legislations in this regard. This thesis consists of six chapters and totals 30,000 Chinese words.Chapter I discusses the theoretic origin and historical evolution of fault liability in conclusion contract. The development history, historical significance, developmenttrend and the status quo of legislations of some countries of fault liability in conclusion contract are discussed.Chapter II focuses on the concept, characteristics of law and constitutive requirements of fault liability in conclusion contract. The author puts forward the concept of fault liability in conclusion contract and makes analysis of characteristics of law and constitutive requirements of fault liability in conclusion contract in consideration of different judgments of scholars on fault liability in conclusion contract in order to grasp and understand the definition of fault liability in conclusion contract more accurately.Chapter III discusses the legal foundations of fault liability in conclusion contract. The author, by introducing and comparing different theories, makes a conclusion that principle of honesty and good faith is the legal foundation of fault liability in conclusion contract in China.Chapter IV focuses on the type and assumption of fault liability in conclusion contract. The classification of fault liability in conclusion contract, the party to bear liabilities and the principle and means for bearing liabilities, the contents and scope of compensation are discussed.Chapter V discusses the relations among fault liability in conclusion contract, liability for breach of contract and liability for tort. The common ground and differences of fault liability in conclusion contract, liability for breach of contract and liability for tort are discussed by means of analysis and comparison thereof in the hope of furthering the understanding of the legal character of fault liability in conclusion contract.Chapter VI focuses on several legal considerations on improving fault liability in conclusion contract of China. The author analyzes its weakness and defects by means of analysis and review of the stipulations of the current laws of China on fault liability in conclusion contract based on the discussion of the abovementioned five chapters. In addition, the author puts forward his own viewpoints and perspectives on the contents lacking in the current laws of China, such as the concept, legitimate reliance interests, compensation contents and compensation principle, burden of proof and limitation of actions of fault liability in conclusion contract of China in terms of practice.