Study On The Contracting Fault Liability Compensation Scope

China's law does not give compensation scope of the contracting fault liability clear rules,this is the disadvantages of the contracting fault liability system of our country.There is no clear legal provisions, inevitably bring trouble to justice.In the judicial practice,judges are inconsistent attitude on the problem, has caused chaos in the applicable law.The contracting fault liability compensation range of research must be based on the theory basis.Trust interests for the parties concerned had inherent in front of the contracting parties but because of believe the contract can concluded lead to the loss of interest. It is the object of the contracting fault liability, of course to protect,to confirm the range of the compensation of the contracting fault liability is based on the scope of reliance interest.Intrinsic interest is what the contracting himself has and is the sum of personal and property interests which has nothing to do with contract.In the contracting fault liability system to protect inherent interest loss,is based on the understanding of contract obligations contains protection obligations.Discussing performance of the interests in the scope of the contracting fault liability compensation,designed to provide the contracting fault liability compensation range limit.China's law does not give compensation scope of the contracting fault liability clear rules,at the same time also has caused the academic theory controversy.Based on the trust interests must be able to determine a reasonable loss and the viewpoint of interests equilibrium, thinking the contracting fault liability only compensate the direct loss in the process of contracting.Based on the concept of reliance interest,objective reality, actual operation, the consideration of the current judicial interpretation,thinking the contracting fault liability compensation scope should also include indirect losses.Based on the reason that scope of the first contractual obligations including protection obligations, the development trend of tort liability to contractual obligations, the concurrence of two system can apply,thinking the contracting fault liability of compensation scope should include inherent interest.From the contracting fault liability system designed to protect the reliance interest the essence,claiming the compensation scope of the contracting fault liability is limited to the loss of reliance interest.Based on the aim of contracting, the balance the risk,claiming the compensation scope of the contracting negligence liability should be within the limit of the performance of the interests.the situation of trust interests loss more than fulfill happens often,restricting the compensation of reliance interest in the performance of the interests,must cause the protection of reliance interest loss of meaning,therefore, compensation scope of the contracting fault liability is limited to fulfill the interests.The contracting fault liability system for reliance interest protection for the purpose,if the inherent interest loss into the scope of the contracting fault liability compensation,the essence of the contracting fault liability system contrast with it;German law on the contracting fault liability system covers the inherent interest hasparticularity;Because the first contract obligations does not include the protection obligations,protection obligations belongs to the category of the security obligation in the tort law,the obligation to protect the violation apply to the tort law.So in our country,the contracting fault liability compensation scope should not include the inherent benefits.From the point of view of balancing of interests, the compensation scope includes indirect losses is easy to cause system abuse, is unfair on the parties;From a practical point of view, indirect loss is difficult to determine. Therefore, the compensation of the contracting fault liability scope does not include indirect losses.Based on the understanding of the parties of interests balancing, perform the essence of, outside theory and legislation,the contracting fault liability of compensation scope shall be limited to positive interests.