Interests Of The Trust. Contracting Negligence Compensation

This paper discusses the bases theory of Contract Law "Reliance Interest", on which the scholars of our seldom dissertate. The author makes a detailed dissertation on this topic from this theory's beginning and evolvement by the way of legal ideals, comparative analysis. In this paper ,the author puts forwards some new opinions and suggestions, wishing to contribute to the development of the basis theory of contract law. Culpa in contrahendo is a very important theory in the civil law, which is studied in detail. Conversely, as the liability of which, the reliance interest is discussed infrequently, this doesn't mean which is of no importance to us. The only reason is that the importance of reliance isn't attached great This is why the author selected it as the graduation paper.This paper consists of four parts:In the first part In order to have a clear knowledge of the reliance interest theory, the author considers that we must make it clear of the concept of which before the deeper discussion. The author holds that the reliance interest has its unique character on the basis of using a comparison method of horizontal direction, ie, make a detailed comparison of the reliance interest between the civil law systems and the common law systems. The author finds out of which that there is much obvious distinctions. And which should be reminded of in the following remark.In the second part The traditional idea is that the theory foundation of the reliance interest is build on the "Bona fides". Yet ,with a comparison method of longitudinal direction, the author makes a analysis of the reason of the fall of traditional contract theory and the rise of modem contract theory. Then ,find a change that the modern law idea has converted from inward to exterior. And hold that it is "reliance responsibility", not "Bona fide" that founds the basis of the "reliance interest".In the third part. The author5 discusses the applicable area of the system of damage's compensation for reliance interest Examining compensation for reliance interest not only can be brought by defaulting in preliminary negotiation, but also by the discharge of contract, revocation of advertisement that offers a...