| Culpa in contrahendo is a great discovery in law made by German jurist Yering,and then introduced into China.This responsibility occurs in the process of contract conclusion,and the parties gradually develop a special trust relationship with the negotiation,at which time the contract has not been established or has been established but has not come into effect.Article 42 and Article 43 of the Contract Law of China provide for four types of Culpa in contrahendo,malicious consultation with the opposite party in the name of the contract conclusion,intentional misrepresentation to mislead the perpetrator into believing in false information or concealing material facts relating to the contract,breach of the obligation of confidentiality and other breaches of the principle of good faith.Current law only stipulates that the person for Culpa in contrahendo should compensate the trust person for the loss of interest,and does not specify the imputation principle of the reliance interest,the form of application of the contract and the scope of the loss of reliance interest.There are different views in the academic circles,and the specific operation of the court in judicial practice is also inconsistent.This paper mainly uses the method of empirical research to make statistical analysis of the judicial decision,collates 199 selected sample decisions,draws a graph to obtain the objective data model,summarizes and sums up the judgment viewpoint of the court in the judicial practice when dealing with the problem of the compensation for damages to the reliance interest of culpa in contrahendo,and further discusses the rationality of the viewpoint.The main research questions of this paper are as follows:First of all,an empirical study on the imputation principle of the reliance interest.The statistical analysis of sample cases shows that most of the courts require the responsible to compensate for the loss of reliance interest when establishing Culpa in contrahendo.This paper draws the following opinions through empirical analysis.Secondly,the paper makes a typological analysis on the form of the compensation for damages to the reliance interest of culpa in contrahendo.Most views hold that Culpa in contrahendo is a typical out-of-contract request right,which does not apply to contractual relationships.This paper draws the following opinions through empirical analysis.The responsibility of culpa in contrahendo has nothing to do withthe form of contract,so long as the dishonest behavior of the responsible occurs in the process of contracting and causes damage to the trust person,the trust person can also claim the loss of the trust in the effective state of the contract.Finally,Discussion on the scope of compensation for culpa in contrahendo.The scope of liability for culpa in contrahendo compensation for loss of reliance interest is the most controversial point in the system of contractual negligence liability.It is self-evident that the responsible should compensate the direct loss for culpa in contrahendo.Although the indirect loss is uncertain,the indirect loss is part of the reliance interests of the reliance interest,the responsible should also compensate.It is of practical significance to determine the imputation principle,applicable contract form and compensation scope of the compensation for damages to the reliance interest.At the same time,the judgment viewpoint made by the court according to the specific cases also provides reference for perfecting the theoretical system. |
