Compensation Scope Of Our Culpa In Contrahendo

Contracting negligence problems has been existed in Roman times, followed by Germany from the 19 th century to the common law of evolution, which has always been an important issue in theory and judicial operations need to be discussed, but has not formed a systematic exposition. Culpa system is late formed in civil law,but has gained rapid development since Jhering put forward it in 1861 in the article “the contracting fault: contract invalid or damage when the compensation is not true”.Chinese Contract Law provision it in specialized Article 42,Article 43 and Article 58. Currently our academic theory think Culpa system is independent of the Tort Liability and the breach of the contract.But there is some controversy on its scope of the damages, whether it concludes only interests of the trust, or includes an inherent interest and pure economic loss., or includes punitive damages. This article will discuss the scope of liabilities for Culpa in conjunction with other national development on the basis of comprehensive legislation and judicial practice.This article is divided into third chapters in addition to preface,conclusions and reference literature.The first chapter is an overview of the theory of our culpa in contrahendo. For our country this system is not accepted in a detailed argument, so our awareness about this system is rather ambiguous. In view of this, the first section will be described in Culpa concept, in order to clarity its basic meaning. After compare different theory, this paper argues Tong said the definition of Culpa is more appropriate. To understand the different circumstances require contracting fault liability subject of compensation, in the second section discusses the specific type Culpa, and divide it into three types,that is effective contract type, type of contract not established and invalid type contract. Firstly Culpa constituent elements is described in detail. This question scholars have advocated the two elements、three elements、four elements and five elements, this article advocates four elements, said that the parties who have first breach of contractual obligations, the breach of contractual obligations were at fault, the contracting party that is relatively damage and contracting negligence and the damage having a causal relationship between the facts.The second chapter discusses our Culpa protected object. This chapter will divided Culpa protected objects into three parts, that is reliance interest,vested interest and punitive damages. First section conducted on interests of the trust concept and development discourse, indicating reliance interest compensation in our country and there is no dispute, but it has different definition of the concept, and the concept will affect its scope identified. In the second section,Germany consider it because they belong to the inherent benefits of tort law and adjust a wide range of tort law, there is no defect German tort law, no use Culpa be compensated for,and thus the inherent interests are classified as compensation for the damage type of tort law to protect more appropriately. Third section give two examples of judicial interpretation in the presence of instructions Culpa including punitive damages.The third chapter focuses on the improvement of contracting fault liability. Because the second chapter has discusses the inherent damage has been classified to adjust by tort law, so this chapter focuses on the compete reliance interest and punitive damages. Including clear contractual obligations to the scope of protect,clear punitive damages, and clear interests of the trust and limit of the scope of damages.