Study On Contracting Fault Liability System

The contracting fault liability system is an important part of the form of civil liability systems in our country. But what is the real meaning of the contracting fault liability? Which right can apply for the contracting fault liability system? And how to set the damage compensation range for various types of contracting fault liability rights? These are all the problems need to be solved. As the research object in this postgraduate thesis, theory and practice problems faced in the process of how to determine the scope of damage compensation of contracting fault liability will take into specific discussion.The first part of this thesis introduces the basic theories in contracting fault liability regime, which include the conception of contracting fault liability, its constitutive requirements, and the basic value of the contracting fault liability system. Among these, the most significant and controversial issue is the meaning of the conception, which concerns the discussion of the regime as a whole.Secondly, this thesis discusses the specific defining rule of the scope of damages in contracting fault liability which is the core problem and main body of the article. The author concluded that, both the reliance interest and the inherent interest should be included in the protective realm of contracting fault liability. The reliance interest equals to damage incurred plus loss of profit, while the inherent interest includes personal rights, tangible property interest and intangible property interest. With a broad scope of damage, the contracting fault liability also needs to be limited. Following the principle of fault offset and the principle of profit and loss offset, it is generally acknowledged that the scope of damage of the reliance interest should be subject to performance interest. But the exception is compensating actual loss for the damage and personal injury caused by the infringing type of contracting fault liability.Finally, this thesis summarizes the existing problems on the basis of legislation and judicial practice proposed for the contracting fault liability damage compensation scope set specific suggestions.