Study On The Scope Of Liability Compensation For Contracting Negligence

The institution in respect of compensation for damages arising from culpa in contrahendo is an indispensable component of modern civil law.It plays an active role in mediating disputes between contracting parties and protects the interests of contracting parties.Civil disputes arising out of culpa in contrahendo are increasing day by day in nowadays economic society,therefore it is essential to improve the institution.Although Contract Law of the People's Republic of China has prescribed the situation where cupla in contrahendo is applicable,it has not clearly defined the scope of compensation,which led to huge differences among different judgements in different courts.Therefore,for the purpose of providing the work of codifying the specific provisions of civil code with ideas in respect of such question as well as offering theoretical foundation for the improvement of the institution in judicial practice,this article chooses the scope in respect of compensation for damages arising from cupla in contrahendo as the research object.The article mainly includes four chapters:The first chapter aims to clarify the fundamental philosophy of cupla in contrahendo.It starts from the revolution the institution,discusses the theoretical origin of the institution,explains and analyzes the conception as well as primary theories on its constitutive factors.The second chapter mainly focuses on important theories concerning the scope of compensation,which are the doctrine of trust interests and the doctrine of Inherent interests.The writer also concludes the contentious issues on each doctrine.On the basis of the analysis and conclusion of different scholars' opinions,the writer agrees the idea that the doctrine of trust interests includes indirect loss and inherent interests belongs to the reason of the scope of compensation.Besides,the writer also restricts the scope of compensation of both doctrines.The third chapter analyzes the scope of protection in relation to the liability of culpa contrahendo by virtue of the new cases published by the Supreme People's Court,and summarizes the function and shortcomings of relative legislations.In addition,the writer also points out specific issues in respect of the scope,including the lagging relevant theories,the unclear conception and ambiguous scope of compensation prescribed by law,no specific standards in judicial cases and differences among judgments.The fourth chapter proposes the writer's personal thinking in relation to the improvement of the scope of liability for culpa contrahendo on the basis of the research on above problems.This article contains the hope of the writer that the research could provide some useful references in respect of the liability of culpa contrahendo for both the theoretical and judicial practice field.