Research On The Scope Of Compensation For Negligence In Contracting

Contracting negligence liability system is a concentrated reflection of the development of debt law theory.Compared with other systems,it was formed late and called "discovery in law" by Professor Hans Deller.This system affirms a contractual trust relationship between the contracting parties because of their contracting behavior,balances the contradiction between the principle of good faith and the freedom of will,and plays a positive role in promoting good faith and protecting transaction security in the process of market economic activities.In 1999,China promulgated and implemented the Contract Law,in which articles 42,43 and 58 specifically stipulate the contracting negligence liability system.Article 157 of the General Principles of Civil Law also stipulates the contracting negligence liability system,which came into effect on October 1,2017.However,as for the scope of compensation for damages,neither of them gives specific and operable provisions,which leads to the ambiguity of the scope of compensation for damages in the case of disputes over liability for negligence in contracting.This paper studies the scope of compensation for contracting negligence liability in China through theoretical analysis,data statistics and comparative study.Firstly,it clarifies the theoretical disputes about the scope of compensation for damages,and summarizes the problems existing in the application of contracting negligence liability in current judicial practice through data statistics of contracting negligence cases.On this basis,the causes of these problems are thoroughly analyzed,and some foreign legislative experience is used for reference to try to put forward theoretical perfection and legislative suggestions on the scope of compensation for contracting negligence liability.