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Applicable Scope Of Culpa In Contrahendo

Posted on:2014-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:Q YaoFull Text:PDF
GTID:2256330401478044Subject:Law
Abstract/Summary:PDF Full Text Request
The protection of reliance benefits is the essence of culpa in contrahendo,and thereliance interest is of great importance for the definition of culpa in contrahendo.Sothe author tries to reveal the legal foundations of culpa in contrahendo,meanwhile,tohave a discuss on the weakness of the current laws of china in stipulations of culpa incontrahendo,than the author discusses how to build a more complete and flexiblesystem of culpa in contrahendo and puts forward some suggestions on improvinglegislations.This dissertation is made of two Parts.In the first Part,the author puts forward the building of the necessity of thecomplete system of culpa in contrahendo, from the contracting fault liabilityapplicable conditions set out in legislation and judicial practice in our country. Themain contents include: The first,"The contract law" of Our country has madeprovisions of the general principle to the culpa in contrahendo, with the methodlistting and summing up.But,"The contract law" of Our country hasn’t made detailedrules to the responsibility nature and recognition of culpa in contrahendo.The statusquo has a bad effect on the judicial practice of our country.In the fllowing content,theauthor attempts to have a discuss on how to contribute a new system of culpal incontrahendo,which is based on the trust relationship between both contracting parties.In the second part,the author makes a detailed analysis to the applying of culpa in contrahendo in a number of specific, controversial circumstances.Includesthefollowing content: avoidance of contract, valid contract, uncertain effectivenesscontract, modification ofcontra t, reward-offering advertisements.
Keywords/Search Tags:Culpa in contrahendo, Typology, Trust-relationship
PDF Full Text Request
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