Study On Liability For Negligence In Contracting

The theory of Culpa contractual has been put forward in 140 years ago by Rudolf Von Jhering. To maintain integrity system to maintain the safety of transactions, and promote the market economic development, have played an inestimable role. "without fault, no liability" system has been rewritten. Since established in China since the socialist market economy, the construction of legal system lags behind the social needs, in our country has not expressly misfeasance, until 1999 law enacted, the similar system of laws to specified.Determination of fault liability in our country for the promotion and development of market economy, but due to significant misfeasance, China's laws on the profound misfeasance provisions, there is excessive curtness some shortcomings and need improvements. This paper analyzed misfeasance, and puts forward some personal opinions.In this thesis, includes instruction, body, and conclusion. The body is divided into three parts.The first part of what is the concept of the theory of Culpa contractual, and establish The theory of Culpa contractual is necessary. And development in the countries of continental law system. And similar rules in common law system.The second part introduces the principle of Culpa contractual for compensation. And puts forward the contracting negligence shall follow the loss caused by what standard for compensation has been controversial problem, this paper compares and analyzes the problems, and puts forward personal opinions.The third analyzed the principle of Culpa contractual for compensation, and points out the shortage, and put forward reasonable Suggestions. China's current law to misfeasance have the corresponding provisions, but there are shortcomings, and legislative too sweeping, and fault liability without as basic principles, but simply provisions prescribed down in the contract law, which the author of insufficient to among them shall be evaluated, and mainly from the aspects of legislation and judicial put forward reasonable Suggestions. Anyhow, now further consummation, the legislation should be to promote and safeguard the health of China's market economy of harmonious development play a important part.