外文翻譯---合同中締約過失責任的產生和發(fā)展-全文預覽
【正文】 損失。即 有契約才有責任，無契約便無責任 ，因此，在合同因當事人一 方締約時的過失不成立或無效時，如何保護損失的另一方當事人的利益，就成為違約責任不能不解決的問題，締約過失責任就是為了解決這一問題而產生的。締約過失責任制度是由德國法學家耶林提出并被譽為法學上的重要發(fā)現 ,對各國的立法和判例法都產生了深遠的影響。s Case to find the bases of the fault liability from the trust and the city real credit principle, so the scope of this responsibility extended to the following areas: (1) Unable to perform the contract from the beginning so that the contract does not hold or invalid。 otherwise the lease deal will be out, and out of protection. The parties created a contractual obligation, if such an effect because of legal obstacles to be excluded when the obligation will be to produce damages. There will be a socalled contract is invalid persons, refers only to fulfill effect does not occur, non that he did not have any effect. In a brief, the parties make the contracts meaningless because of their own reasons do not contract who believed its contractual right for the effective establishment of the relative should pay for the damage. [1] This is the Garling ?s Contracting negligence theory, it is known as the Law on the findings. Since the Jelling theory put forward the theory of contracting negligence, it is seriously concerned by the world. And then it carried out more extensive and indepth and systematic research and it also increasingly by some countries, legislation or judicial practice to accept them. In the “German Civil Code times, the scholars begin to discuss it on the question of fault on the parties. Most of the drafters believes that contracting negligence theory of liability is not easy to accept and prescribed by a general principle, only in exceptional circumstances should be recognized. So, in 1900 the German Civil Code, the drafters of the treaty on the fault is not fully accepted the theory, only in the wrong to withdraw (122), the right agent (179), from the outset the objective can not (307), etc. is limited adopted within the framework of this view, but the contracting negligence theory in the German judicial practice and doctrine have been developed rapidly and gradually formed a fine, large, plex and wide scope of application, the establishment of a generalized principle. In Japan, the jurisprudence has also acknowledged the responsibility of contracting negligence theory. In Japan39。s promise to pay the price or charges. Can not go back on the
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