The Contracting Fault Liability System Of Compensation Research

The production and development of the responsibility system of contractingculpa is very important for the development of law of obligations since late19th. Itwas first proposed by Yelin, a out-standing German scholar, in1861. It bases on theprinciple of Good Faith, which is an important principle in Civil Law. Theresponsibility system of contracting culpa is a part of the system of Debt Law theory,and affirms the liability relationship because of the contracting actions done by thetwo parties. In essence, the responsibility of contracting culpa bases on the fact thatone party do not abide by the pre-contractual obligations on the basis of the principleof Good Faith. The responsibility system of contracting culpa can be seen as a newway which can solve the compensation of one party’s loss caused by the other party’sbehavior breaching the contractual reliance in the negotiating process. Actually, itprotects the legal rights of two parties, and is good for the safety of consumer andsociety’s just.In order to make development of socialist’s market economy, the Contract Lawof the People’s Republic of China has clearly stipulated the responsibility system ofcontracting culpa, which has very important legislative and judicial meaning andmakes contribution in the development of Civil Law. However, the contentresponsibility of contracting culpa stipulated in the Civil Law is not specific, andmany theories connecting herewith have not been contained in the Civil Law,especially the compensation. Thus, the disadvantage makes the judicial exercisedifficult and also is valuable for investigation.Firstly, the thesis makes a general introduction of responsibility system ofcontracting culpa, including the compositions, theatrical basis, its development andcurrent situation. In the theatrical basis of responsibility of contracting culpa, mostscholars in our country agree with the principle of Good Faith. They think it protectstwo parties’ rights of liability. Then, the author makes a good study of some famousdoctrine and proposes her own opinion in two aspects---how to make thecompensation and the principle of restriction. At last, the author uses the theory ofjurisprudence to elaborate some matters needing attention to the compensation ofCulpa in Contrahendo.