Study On The Scope Of Compensation For Damages Caused By Contracting

The theory of wrong in concluding a contract since the creation of the German jurist Jelling,due to its contracting process to fill the gaps in the law,it was adopted and reference countries,particularly civil law countries,the Construction of contracting fault liability theory deeply affected.But China's current legal system on wrong in concluding a contract many deficiencies,such as the case with regard to contracting fault liability applicable aspects of the scope of compensation and benefits compensation chance there is a big controversy,this paper based on the current legislation of contracting fault liability regime,combined legislation relevant experience and theoretical studies abroad were discussed and analyzed in the Civil Code formulated on the occasion,presented the perfection wrong in concluding a contract legislative proposals.This paper is divided into four parts:The first part of the proposal and development contracting fault liability theory.It introduces the civil law and common law countries,the creation of contracting fault liability theory,development and contracting negligence theory as an important part of modern civil functional value.The second part is based on civil law and common law negligence Contracting damage compensation system,and the specific provisions of the legislation introduced in Germany,Japan and Taiwan of China on a range of contracting negligence damages,and related legislative model and experience were analyzed in order for Contracting negligence compensation system Construction make a useful exploration.The third part of the scope of contracting negligence damages.This is the main focus of this article,by contracting negligence theory overview,analysis discusses the protected object contracting negligence,reliance interests and the scope of compensation and benefits inherent limitations applicable rules a detailed introduction to these issues through discussion for China on Culpa system to make a useful exploration.The fourth part of the legislative status of contracting fault liability regime and improvement recommendations.Before and after the promulgation of the law of the contract status of implementation of the relevant legislation contracting fault liability regime,and detailed description of the legislation system Culpa achievements,noting the lack of and need the perfect place for our Culpa regime future Civil Code in perfect recommendations.