Study On The Scope Of Compensation For Liability For Negligence

The system of liability for culpa in contrahendo was initially established in the Contract Law in1999,but the scope of compensation for culpa in contrahendo was not clearly stipulated in the Contract Law.As a result,the object of protection of liability for culpa in contrahendo in theory and judicial practice is only the reliance interest,or is it limited to the reliance interest and the liability for culpa in contrahendo.There are many opinions on the inherent interests and whether the scope of liability for contractual negligence includes indirect losses.In recent years,China's real estate market has been very active.Especially since 2016,the national housing prices have risen rapidly and remained high.At the same time,a large number of "small property houses" and illegal buildings in urban villages in economically developed areas have been circulated and transferred in the market.A large number of cases of contracting fault liability characterized by violation of the principle of good faith have been derived.In these cases,the plaintiff's claim for compensation for contractual negligence basically refers to the claim for compensation for breach of contract and tort liability,but the court confirms that the scope of compensation for contractual negligence liability is biased towards the direct loss of trust interest,and to the indirect loss and inherent benefit claimed by the plaintiff.It is difficult to determine,the court's judgment results and the amount of the original claim is far from each other,resulting in the judicial practice departments on the scope of compensation for contracting negligence is more controversial,so it is necessary to clarify the scope of compensation for contracting negligence.The first part of this article introduces a real estate lease contract dispute case,from the case of two courts on the contracting fault liability for damages to understand the scope of reflection.The second part summarizes the main disputes on the scope of compensation for fault liability in China's judicial practice.The third part puts forward some views on how to improve the scope of compensation for fault liability in China.