A Study On The Culpa In Contrahendo

Praised as "great discovery of law science", Culpa in contrahendo isintroduced by renowned Germany legist Jhering. The traditional civil lawholds that no contract means no responsibility and no infringement meansno responsibility. However, with the development of society, the newsocial phenomena and problems continue to produce. In the contractingphase, interests of both parties have no requirement in the law or relevantprotection policies. Jhering’s Culpa in contrahendo is put forward toremedy the loopholes of this legal regulation. Along with the changingsocial circumstances, frequent transactions, and needs of human life,many countries have absorbed the thinking of the Culpa in contrahendo intheir own national laws. The emergence and applicability of contractingfault liability in many countries exercises a great influence to bettersafeguard social transaction security, to regulate the rights andobligations of both parties and to protect trust benefit from loss.Culpa in contrahendo is first adopted in Chinese contract law and thelegislation of contracting fault is of great significance. While a widerange of learning and discussion of the culpa in contrahendo are carriedout in the academic circle, many problems are still to be tamped. The essayhas been divided into four parts except the preface and the conclusion. It expounds the concept and characteristics of the culpa in contrahendo.The opinion that culpa in contrahendo is an independent civil liabilitydiffers from other responsibilities. The author compares anddistinguishes different concepts and elements of culpa in contrahendothat are proposed by different experts. After analyzing the advantagesand disadvantages of them， the author demonstrates the elementsscientifically. It is analyzed and discussed in the essay whether culpain contrahendo only exists before the establishment of the contract andwhether it applies to invalid contract, revoked contract and effectivecontract. This paper also studies and defines the way of bearingliabilities and compensation scope of culpa in contrahendo is the finaleffect and manifestation. In accordance with the regulations in Chinesecontract law, problems and detects are analyzed to come up with bettersolution. Research and analysis of these problems are expected to providerelevant theoretical reference in respect of the characteristics,elements, scope of application and the way of bearing liabilities, etc.and to contribute to the legislation of China’s contracting faultliability system.