Research On The Compensation Scope Of Culpa In Contrahendo In Our Country

The Thesis on Culpa in Contrahendo embodies significantly in the development of Debt Law. Formed relatively late comparing with other thesises, it was deemed by Hans Dell as a discovery in the Science of Law. The Culpa in Contrahendo confirmed a trusty relationship in the two parites of consent by the contractual act, eased the contradiction between honest principle and free spirit. It played a very important role in maitaining transaction security and advocating honesty in business.Provision42and Provision43in China’s Contract Law issued in1999illustrates specifically this systm. However, there was no concrete, practicable regulations until now. It led to an ambiguity of compesation scope in the dispute of Culpa in Contrahendo. Inspired by the situation, this article discussed its theory, analysed its provisions and cases in an all-around way.In the author’s opinion, liabilities for Culpa in Contrahendo is an independent requisitional right as an cause of debt just as contract-braking responsibility and liability of tort. The compensation scope conculed inherent interest and reliance interest in which direct interest loss and indirect interest loss were all counted. The author also thought that opportunity interest should also be counted. The maximum amount which should not surpass fullfuling benefit was an necessity except regulated otherwise in law. Hereby "regulated otherwise" meant in the situation of suffering from personal injury, financial injury, property right loss, etc, or when the inflicter was fraudulent or malignant, the sufferer could get punitive damages.