Culpa In Contrahendo And Its Application In Chinese Judicial Practice

This thesis presents an overview of culpa in contrahendo, a German doctrine thatprovides a remedy for pre-contractual liability. Culpa in contrahendo has extendedbeyond Germany, as many civilian jurisdictions today impose a duty of good faith inpre-contractual negotiations. This thesis will also examine what role, if any, the culpain contrahendo doctrine has played in China’s law system. This thesis will concludeby presenting an analysis of the culpa in contrahendo doctrine and its applicability topre-contractual fault settings under the law system of China. The whole thesiscontains4parts:Chapter one of this thesis will start by providing some of the most commondefinitions of culpa in contrahendo which have been used by different commentatorsand courts. It will also include a short historical background of the doctrine. Further, itwill set forth the basic elements of culpa in contrahendo.Chapter two will deeply discuss the damage issues relating to culpa incontrahendo.Chapter three will give the perspective of judges in China facing typical cases ofpre-contractual liability. Despite the condition of the law system in China, thisChapter will discuss not only Chinese statutory law but also some cases. It will alsosummarize the main conclusions that can be extracted from the legal analyses made in this thesis.Chapter four came out with the conclusion of the thesis.The introduction analyses the value of this thesis and make the key points. Underthe current background of emphasizing on improvement of legal regulation, it haspractical meaning to do research on culpa in contrahendo.