On The Scope Of Compensation For Liability For Damage In Contracting Faults

In 1861,Jhering proposed the system of culpa in contrahendo,which is called "discovery in law".In order to fully protect the interests of both parties,the system of culpa in contrahendo was based on the principle of good faith,its normative purpose is to make up for the situation in which the parties violate the pre-contractual obligations and the other party's reliance interests are damaged during the contracting process.The relevant provisions of the Contract Law on the system of culpa in contrahendo are reflected in Articles 42,43 and 58.However,these provisions are too broad,The scope of its damages is not specified,the resolution of the scope of damages depends on clarifying the nature of the liability.First of all,there are three theories on it's nature in theory,namely the theory of liability for breach of contract,the theory for tort and the theory of independent liability.Germany will conclude the contract based on the specificity of it's local legislation Negligence liability is regard as an independent responsibility.Should China also recognize its independence? If so,what is the reason? Secondly,does the object of compensation include inherent interests or performance benefits? Should losses of trading opportunities be negotiated during the negotiation process? Is the compensation of reliance benefits limited to performance benefits? Legislative violations will result in judicial practice.Confusion,which in turn affects the impartiality of the entity,it is particularly important to discuss and sort out the above issues in combination with theoretical doctrines and practical status.Besides the introduction and verdict,there are three chapters in this article.And the first part analyzes the relevant provisions of the Contract Law of China on liability for the system of culpa in contrahendo one by one,and draws out possible problems,such as unclear nature and unclear scope of compensation.Analyze the peculiarity of contracting fault liability itself and whether there are differences in the application of law.Making clear that the contracting fault system in our country is an independent responsibility.The second chapter analyzes the compensation object of the system of culpa in contrahendo.By introducing the analysis of the connotative characteristics of reliance interest,performance benefit,and inherent benefit,and combining academic viewpoints,it is clear that the treliance interest is the compensation object of c the system of culpa in contrahendo,and the second cannot be a one-size-fits-all Compensation for denying performance benefits may also generate compensation in some cases,such as breach of cooperation obligations.Finally,it is clear that inherent benefits should not be the object of compensation for the system of culpa in contrahendo.The third chapter explores the scope of compensation for the system of culpa in contrahendo from the types of breach of different obligations.First of all,when breaching the obligation of good faith consultation,it is necessary to comprehensively consider the normative purpose and the subjective status of the obligor.The scope of compensation may not be limited to performance benefits.At the same time,compensation for losses of trading opportunities should be compensated.In the calculation of the amount of compensation,consideration should be given to the application of the rules of predictability,the principle of offsetting negligence and the principle of offsetting profit and loss,at the same time,pay attention to avoid the problem of repeated compensation.The nature of the contract,the identity of the parties and the importance of the information consider whether there is an obligation to inform.When the operator violates the obligation to provide information,for the purpose of expanding its illegal costs and protecting consumer rights,compensation for trust benefits should not be performed.Finally,the nature of breaches of confidentiality during the contracting phase should still be defined as contracting negligence,at the same time,the trade secrets should be expanded to include secrets that don't meet the qualities of trade secrets but are valuable.The scope of compensation for breach of confidentiality obligations during the consultation process should not be limited by the performance of benefits.Taking a step back,regardless of the nature,based on the value of the secret itself,compensation should not be limited by performance benefits.