Research On The Liability Of Contracting Fault

With the booming of the market economy, financial issues becoming more and more frequent, which causes the damage compensation cases because of contracting fault liability increasing gradually. The knowledge of the contract law is no longer limited when the contract comes into effect and it develops into the phase of the establishment of the contract. People gradually realize that the law has authorizes both sides the obligation and the power during the establishment of contract, but it has not draw due attentions. Recently, with the rise of taxi-hailing apps, it makes the contracting fault liability problem while using the taxi-hailing app become the social focus once again and it’s important to discuss the contracting fault liability problem.From the basic theory of contracting fault liability, constitutive requirements, the development process of basic aspects to comb, this essay positions the status of the concept in civil law system gradually. Then, in the perspective of space effect, this paper discusses the three cases of contracting fault liability, such as agreed but failed in the contract, the invalid contract from the beginning and change, revoked contract. The paper analyzes combined with today’s taxi-hailing app use case and a test drive in the process of accident of contracting negligence to study related issues. Thus, we discuss the scope of the contracting fault liability of damage compensation. The reliance interest is divided into direct loss and indirect losses classification, and probes into the inherent benefits and compensation; Trust interests whether to perform in the limit. After contracting negligence theory system of the basic introduction,and starting from the two big law system, this paper respectively to interpretation of the responsibility, from Germany, Greece, Japan’s national legislative research, and this paper studies the mainland legal system country for contracting negligence responsibility legislation present situation and draw lessons from; From Britain, the United States the principle of "promise to ban the word" comparative analysis of the Anglo-American law system countries for the contracting fault liability legislation research and reference. This paper uses the method of comprehension analysis, comparison analysis and reference analysis to point out the contracting fail problem in our country and carry out some suggestions.By deepening perfecting contracting negligence theory, this paper specifies methods such as the scope of the contracting fault liability compensation and offers some solutions, to make our country the contracting fault liability theory more plump, more practical and operational.