Contracting Fault Liability Study

Since the theory of the responsibility of fault in negotiating was first put forward by a German legist in 1861, the theory has been admitted and adopted by many countries in their legislation, precedence and theories gradually. As a law system rooted out from traditional contract law and law of tort, it can remedy the loopholes between them effectively, break the confine on "no contract, no responsibility", strongly protect the right of the parties and maintain the equity of law and safety of trade. While compared by the other civil law systems, its theoretic base still needs to be tamped, the range of its use needs to be enlarged and the bound and rules of compensation needs to be consummated. It is necessary to compare and study the diversity of legislation in different countries thus perfecting such law system.Since there is a quite mature conclusion on its historical development, it is unnecessary to iterate here.In the first part, I started from the basic theory of responsibility of fault in negotiating, and meanwhile redefined the concept of the responsibility of fault in negotiating, according to combination of different scholars' definitions and analysis of both merits and defects. Then I expatiated my perceiving and understanding of the law base of the responsibility of fault in negotiating through comparing and analyzing different theories. And I expounded the value and meaning of this law system from angles of jurisprudence , contract law and civil law. In the second part, I compared and analyzed different scholars' conclusions on the types of such responsibility. I started from the obligation before the contract, concluded and expounded different types of responsibility. Then I studied and analyzed the types of the responsibility of fault in negotiating- the responsibility of fault in negotiating on the third party. Combined with the theoretical discussion and the analysis on amend to the new Contract Law of Germany, I expounded its theory base, meanings and constitutional components. In the third part, I first analyzed the similarities and differences on protection of trust interest between the Common Law and Civil Law and then discussed the bound and rules of compensation on the responsibility of fault in negotiating, by analyzing and comparing the study methods. In the fourth and meanwhile the last part, I probed into the main route to perfect our national law system of the responsibility of fault in negotiating. Based on discussing some current defects in our law system, I suggested several proposals to perfect it in legislation and judicatory, wishing to promote our national legislation on the responsibility of fault in negotiating system.