On The Liability Of Contracting Fault

Traditional contract law and tort liability law in the contract concluded, consultation, contact phase, hurt by one party that causes the other party is unable to regulate. Along with the rapid development of commodity economy, the situation in our life is becoming more and more common. The contracting fault liability comply with the tide of history arises at the historic moment. The contracting fault liability system originated in Roman law, a German jurist jhering system is put forward for the first time. The contracting fault liability theory broke through the traditional theory of civil law legislation, also broke the negotiorum gestio debt law system, the debt of unjust enrichment, contract, tort of theoretical system. Both improve the system of civil law system also makes the debt method to build complete. Because of the contracting fault liability theory conforms to the trend of The Times, makes this system have been widely used, in the legal system, nations formed many cases; At the same time is also the academia have rushed to attractive. Today, since 1861 the contracting fault liability, there is a starving born baby grew up and became a certain scale is independent of the system of civil tort liability and liability for breach of contract. The original "the civil law and contract law in China only obscure mentioned the contracting fault liability system. Know that our country "contract law" issued in 1999, that made the contracting fault liability system in our country, a clear stipulation, to the contracting party appear caused by fault in violation of the first contractual obligations the other party of the damaged situation provides the perfect legal basis. This bond for me perfect law system and practice is of great significance to resolve the problem, is our country into a big step forward in the history of. But the status quo of the contracting fault liability system and is not optimistic. The contracting fault liability system is compared with other civil law system is still very young, its system and imperfect, theory is not thorough, concept in the law does not have a clear definition, constitutive requirements vary in academia, flowers. How to conclude a treaty error compensation scope is also worthy of further study. For all kinds of uncertainty in the contracting fault liability system led to the contracting fault liability system to send zhang exist many stumbles.In the body, is the main problem one by one, the author’s argument. The first part of this article is an introduction to the contracting fault liability, mainly for the concept, history and development of the contracting fault liability, legal characteristics, the theoretical basis to introduce and study. The second part is the components of the contracting fault liability, in view of the flowers of the many elements of composition theory, the author is how to make their own academic argument. The third part is the compensation of the contracting fault liability scope, made detailed discussion on the range of compensation. The fourth part, the author aimed at the shortcoming of the contracting fault liability of its recommendations, and made his thinking of the contracting fault liability system.