Contracting Negligence Study

In the year of 1861 the German jurists Rudolf Van Jhering,editor-in-chief of the "Annual Report of the Rudolf Van Jhering doctrine" In the Volume 4 It published that "the parties on case of fault of the lease is complete invalid and far from damages" In the text about the norms of contract the Rights between the two parties and obligations indicate that the theory about parties is missing so is a case of fault theory. He pointed out that " in the case of lease,must exist one paragraph about the obligation of lease transactions.In conclusion;in the case of lease areas exist the obligation of change from the negative situation into a positive." "The conclusion and result of the lease have a default is:if such effect because of legal obstacles have been ruled out,it will produce a damage in the liability,negligence between the parties because of his contract were not set up.The letter of its contract in order to establishment of a relatively effectiveness,It should have the compensation for lost of trust and welfare." The Fault between the parties in order to make up the gaps in the law in theory,this problem will continue until the Law found that the national legislation and jurisprudence have a profound impact.In the constitution of the legal responsibility,it Set one part about fault,mistake and responsibility between the parties;this part mean that in order to protect and safeguard the economy of the market as a safety translation have the objective of maintenance the credit of the city. This legal agreement seeks for the creation of one comprehensive statutory about responsibility that protect the legitimate interests between the parties.Theory of the fault of liability in the contract has been used more than a hundred years. The fault of liability in the contract was originated in Roman-law this is a claims for the responsibility of an independent system,it is a moral liability.The first responsibility for China was the fault of the contracting provisions of 1999's "Contract Law." The necessity of a system of the fault of liability in the contract have many experts in law that argue the theory,it concept and theoretical bases,and the elements constitute the uniform application of the argument.China is presently in the market economy that has just established,traders engaged in market transactions eager to have a safe and fair environment.The utilization of one system of the fault of liability in the contract in their own adjustments with the characteristics of the "Contract Law" plays an important role the area of the relationship in special in order to create a good trading environment.The objective of this thesis "contract law" is the analyze the characteristics of the legalization the law of the fault of liability in the contract,the legal bases,the nature o this law,the constitutive elements,type,scope,compensation,and other aspects of the study,and that the system of theoretical and practical significance,with a view to further improving China's contracting fault liability system. The totality of this thesis were divided into three chapters.The First Chapter,the main parties on the responsibility of the General fault;the second Chapter,the main parties on the composition of fault liability and its main types of elements;and the third chapter,as an introduction in order to do a study of the fault is the responsibility of the parties and the scope of responsibility of the parties at fault compensation coverage.