Contracting Negligence Study

The contract party's right-obligation only consist after contract has been subscribed and before the contract has been completed in the traditional Contract Law. If the contract has not been subscribed, there's no breach liability. Breach liability and tort liability can't protect the injured party's legal right, when the contract has not been subscribed or invalidated because one party of the contract's defect. Then the principle of fault in negotiating has been set. The principle of fault in negotiating is a very important part of the Contract Law, the principle has lots of means to protecting contractor's benefit, and it has lots of means to perfecting our country's liability system.The principle of fault in negotiating based on the principle of Good faith. In fact The principle of fault in negotiating is a embody of the principle of Good faith during the contract subscribe. The principle of fault in negotiating has some means: The first is the contracting party has some act include intentional negligence and tort of negligence to break promise before the contract has been signed. Second, the opposite party's loss means actual loss, trust benefit's loss not the benefit of contract carrying out. The last is that there is a causal relation between fault in negotiating and the loss. The principle of fault in negotiating remedied the objection of Contract Law and Tort Law. It has a important means to protecting parties of the contract, it can help to safeguard the bargaining, it can stick up for the principle of Good faith, and it can help to stick up for the order of market economy.This thesis discussed the composing, nomological, bound of apply and amends of the responsibility of fault in negotiating. Then I analyzed some shortage of our law system, and give some suggestions to that shortage. There are four part:The first part introduced the history of the principle of fault in negotiating. The principle of fault in negotiating comes from Roman laws, and it has a affected a lot of countries. The thesis also analyzed the conception and inscape of the principle of fault in negotiating.The second part discussed some type of the principle of fault in negotiating. I introduce and conclude some unlike standpoint to the principle of fault in negotiating, then have a detailed comment.The third part I discussed the responsibility of fault in negotiating. It concludes compensate bounds of the responsibility of fault in negotiating, especially trust benefit and compensate of trust benefit.The last part I have some suggestion of perfecting the system of the responsibility of fault in negotiating. Based on the real-life, I discussed the defect of our Contract Law, and give some suggestion to perfect our Contract Law.