The Contracting Fault Damage Compensation Rules

Culpa damages system is an important component of modern civil law, which established the process for contracting parties to maintain the interests of great significance. However, this system is not perfect in our civil law, which many aspects of civil law scholars in China there are a lot of controversy. In this paper, Culpa and influence the production of the starting theory, liability for damages on Culpa Elements of theory, theory of defects in various aspects are discussed, and on this basis, the provisions of our party to liability for damages for negligence review put forward suggestions for improvement, with a view to promoting Culpa liability for damages for the better direction.This paper is divided into five parts, the first major damages explains Culpa generation, concept and compensation claim based on civil law meaning. The part of the first Culpa damages system established by the German Jeering, soon after the defendant accepted the majority of civil law countries. Then explain the concept of contracting negligence damages, after contracting negligence claim damages the basis of an analysis in detail for this article agree that the reason of good faith. Finally, the contracting system in civil damages for negligence in the sense discussed.The second part mainly discusses the method of comparative analysis of Two Schools Team Culpa damages attitude. Although some civil law there is no specific provision in the Civil Code damages Culpa, but basically have adopted the system of contracting negligence damages. In comparison, the common law is to take a different approach to the specific principle of good faith to complete the occasion of the Parties to protect "convention estoppels," the system, although with different contracting negligence damages, but basically able to protect the interests of trustworthy people.The third part discusses Culpa major damage to the constituent elements, the specific type,, First described Culpa damages Elements are: violation of the Parties before contractual obligations, breach of contractual obligations, and the first party is at fault; by the contracting parties have the relative loss of fault and the causal relationship between the loss. Second, You Culpa scope of damages has defined the scope of damages obtained Culpa for the inherent interest and trust interests.The forth part discusses Culpa major damage application and comparison with related systems.the parties discussed the type of fault for damages are:the occasion of the Parties under the guise of contract, malicious consultation; disclosure or improper use of trade secrets; deliberately concealing important facts related to contract or provide false information; entered into force pending contract, the right of people not to ratify the ratification; offer or after the commencement of the Offer, without permission to withdraw an offer. Finally Culpa liability and tort liability, breach of contract were compared.PartⅤdiscusses the legislation on China in the damages on Culpa assessment and recommendations. In the assessment, specifically elaborated on China’s legislation on the advantages of contracting negligence damages and deficiencies, inadequacies after comments made perfect, and the judicial practice of the law applicable to the case cited the analysis.