The Legal Status of Pre-Contractual Liability: Contrasting Responses from German and English Law

49 Pages Posted: 7 Nov 2017

See all articles by Xiaoyang Li

Xiaoyang Li

China University of Political Science and Law

Date Written: November 5, 2017

Abstract

China has begun a legislative process for its civil code. This thesis focuses on how to shape the pre-contractual liability in the forthcoming Chinese Civil Code from a comparative perspective. In devising the pre-contractual liability, the legislators of China confront a long-running controversy in Chinese Law- the legal status of pre-contractual liability. More precisely, whether the principle of good faith can directly open up liabilities in the pre-contractual phase and whether the pre-contractual liability is independent from the law of tort. The comparative study of this thesis builds a picture of the contrasting responses provided by German and English Law to the questions faced by Chinese legislators. The contrasts between two extraordinary systems serve as a basis of finding solutions to those controversies in Chinese Law. This article at the end offers a proposal to the codification of the Chinese Civil Code.

Keywords: Pre-Contractual Liability, Good Faith, Duty of Care, Control Mechanism, The Law of Tort

Suggested Citation

Li, Xiaoyang, The Legal Status of Pre-Contractual Liability: Contrasting Responses from German and English Law (November 5, 2017). Available at SSRN: https://ssrn.com/abstract=3065761 or http://dx.doi.org/10.2139/ssrn.3065761

Xiaoyang Li (Contact Author)

China University of Political Science and Law ( email )

25 Xitucheng Rd
Haidian District
Beijing
China

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