The Research Of Liability For Contracting Fault System

The contracting fault liability, as the great discovery of law in the19th century, since it produced, it has huge influence throughout the world, now formed a set of independent theoretical system, it is an integral part of the civil law. The legal system of modern civil law countries mainly originated from the ancient Roman law, many of the system can be found in the ancient Roman law. With the development of social economy, the German famous jurist jhering proposed the complete contracting fault liability theory. Following the tradition of case law of Anglo-American law system, there is no concept of contracting fault liability. However, Anglo-American law system created the "promise principle". This principle explains the principle of protection of the parties’ contract reliance interest. Therefore, both continental law system and Anglo-American law system all have the system of contracting fault liability. To define the contracting fault liability, we need starting from the legal characteristics of contracting fault liability, by its legal characteristics, summing up the concept of contracting fault liability. On this basis, the concept of contracting fault liability can be defined as:what happened in the process of contracting contract, one party because of a violation of the principle of good faith in civil law pre-contract obligation, lead to the other party trust interests or inherent interests losses which shall be liable for damages. In the aspect of theoretical basis, two basic theory of civil law can be used as the theoretical basis for the contracting fault liability, which are good faith and trust protection principles. Contracting fault liability use good faith and trust interests as the basic principle of contract law embodies the attention to the transaction security, its essential purpose is to maintain the autonomy of the parties. To the property of the contracting fault liability, there are several theories, including tort says, legal behavior and law said. In fact, the contracting fault liability is based on the principle of good faith in civil law of responsibility. It is not a tort liability, nor a contractual liability, on the contrary, it is the necessary requirement of the civil law principle of good faith. The applicable scope of the contracting fault liability can be divided into no contract, the contract is invalid or revoked, and contract comes into effect. Especially should be noted that in the contract comes into effect which based on one of the parties of the contracting fault liability, will also set up the contracting fault liability. In the contracting fault liability under the guidance of this theoretical basis, the contracting fault liability compensation object should include trust interests and inherent interests. Trust interests is limited compensation, shall not exceed the scope of compensation of foreseeable benefits and the benefits gained by the contract have been carried out. Inherent interests are according to the actual damages. The improvement of the system of contracting fault liability need to specify the pre-contract obligation first, enhance the system of contracting fault liability provisions, and specify the rules of the applicable scope and the scope of compensation.