毕业论文外翻译-合同中缔约过失责任的产生和发展.doc

The Emergence and Development of Contracting Fault Liability Abstract: The Contracting Fault Liability as a civil compensation liability occurs when one party violates the precontractual obligations subject to bona fide principle and then the other party is to be entitled to the compensation for the damages to the reliance on its interest suffered thereby. The system of the contracting fault liability was put forward by a German jurist and was famed an important find of jurisprudence. Reviewing the history of liability for negligence in contracting, we can finds that case and theory play a very important role in its development. Introduction: In traditional contract law, contract rights and obligations between the parties is only kept in the establishment and performance of contracts completed period. If the contractual relationship did not exist or not set up, it implies no responsibility. That is,” no contracts, no responsibility. So in the contract, if one side’s contract is not set up, which implies the fact that there have to protect the interested parties who loss something. With this situation, the fault liability was come out. This article focuses on it. The Emergence and development of contracting fault liability: It is generally agreed that the concept of fault liability have already came out in Rome law. There is a famous saying: contract is no longer the subject of the payment is void. At this point, if the buyer is in good faith and without negligence, in order to protect the security of transactions, in exceptional circumstances the buyer the right to appeal based on buyers to good faith litigation, the request to the seller for compensation for losses suffered due to an invalid contract. However, before the formation of the ancient Roman law, there is no contractual obligation and Culpa complete system. The complete theoretical and institutional systematization of things was established in the modern times. It is proposed by the German jurist Garli