Research On The Responsibilities Of Breach Of The Pre-contract

Liability for breach of precontract is different between culpa in contrahendo and liability for breach of real contract. However, the provisions on the liability of breach of contract in our country are not many. In the theoretical research, the focus of the appointment is always in the determination of the contract, the research on the responsibility of breach of contract is less. This article starts from analyzes the difference between the contract breach responsibility and the related concepts,the current situation of the liability for breach of contract, the existing problems of the liability for breach of contract in the legislative and judicial aspects,, and then puts forward some suggestions for improvement.This paper trying to start from the type series to explore Liability for breach of contract. Culpa in contrahendo, liability for breach of precontract, liability for breach of real contract constitute a type series.This paper determined imputation principle of precontract adopt doctrine of fault liability, improper performance and injuring performance is not applicable for precontract, defense right of simultaneous performance and unsafe right of plea, right of plea against the advance performance is not applicable for preconduct,damage compensation as the main liability relief mode and accordance with the transaction maturity to determine the scope of compensation for breach of contract liability and precontract can adopt deposit liability.