Contracting Negligence Compensation Ranging Study

The production and development of the responsibility system of contracting culpa was an important performance of the development of law of obligations since the late 19^th,especially since the 20^th.It was proposed the earliest by Yelin, a German scholar in 1861,and affirmed that there emerged one kind of faith relationship similar to the treaties because of the litigants' contracting actions, which relationship belonged to legal debt relationship and thus has consummated the debt law theory. As a result, the stage of concluding treaties doesn't deviate from law adjustment, and the mutual communication among humans in this stage should be adjusted by the law and both contraction parties should have the duty on mutual attention and attendance. What's more, it is very significant to fulfill this obligation to maintain transaction security and carry forward the conception of honesty.When the Roman law determined the amount of the compensation for the error responsibility ,it requires that the debtor compensate the loss caused by not fulfilling to the creditor and the benefit that the creditor may obtain if the debtor fulfills according to the appointment. In other words, the debtor should undertake the compensation responsibility to all the direct and indirect loss suffered by the creditor. But this standard is mainly suitable in contract-breaking responsibility, while in the treaty error responsibility, it is worthwhile to discuss that whether the conductors should compensate the loss of fulfilling benefit ,which is also called positive benefit, or the loss of trusting benefit.As for the treaty culpa responsibility, I think that the loss of trusting benefit should be taken as the basic scope of compensation, which includes direct and indirect loss. The direct loss refers to each kind of expense caused by the establishment and being effective of the trusting contractions. Meanwhile, the expense must be reasonable, and not be disbursed arbitrarily by the victim. By "indirect loss", we mean that when it is possible for one contracting party to...