Suggestion For Establishing The Third Party's Liability Of Culpa In Contrahendo

The third party 's liability of culpa in contrahendo means the third party 's negligence occurred in the course of making the contract and after the termination of the contract.The third party 's liability of culpa in contrahendo is developed through judicial precedent in Germany.However,there is not such a system in our country.In Germany,the third party 's liability of culpa in contrahendo extends the scope of protection of the contract law,therefore it belongs to the contract law.As we know,the civil law of our country and the German civil law are inextricably linked.Whether we should introduced the third party's liability of culpa in contrahendo into China or not is a problem worth pondering and carrying out a prudent study.The first part is about the origin of the third party 's liability of culpa in contrahendo.The third party's liability of culpa in contrahendo is developed through judicial precedent in Germany.Through a variety of cases,we demonstrated the scope of the third person in the third party 's liability of culpa in contrahendo and the cases of the system,which lay a foundation for the later argument.The second part can be divided into two small parts.The first small part mainly talks about the counterviews of the scholars in our country.They points out that the problems which is solved by the third party 's liability of culpa in contrahendo also can be solved by other systems like tortious liability and Vertrag mit Schutzwirkung fur Dritte.They also points out the deficiency of the system of the third party 's liability of culpa in contrahendo.In the second small part,the author analyses the necessity of introducing the third party's liability of culpa in contrahendo into China and points out that we can regard the third party's liability of culpa in contrahendo as a special tortious liability through its categorization.If we introduce it into China,it would exert a positive influence on our country 's legislation,the development of law theory and juridical practice.In the third part,the author points out that the third party 's liability of culpa in contrahendo is different from the systems like the fraud of the third person,liability for performing assistant or the liability of representative.The third party's liability of culpa in contrahendo is irreplaceable in our country.Nowadays,our country 's civil code has not yet been finalized,so the author thinks we could develop the system of the third party 's liability of culpa in contrahendo through interpreting the law broadly and we should put it into the tort law of our country 's civil code with the principle of reliance protection in the future in order to uniform the application of laws.