The Legal Status of Pre-Contractual Liability: Contrasting Responses from German and English Law
49 Pages Posted: 7 Nov 2017
Date Written: November 5, 2017
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
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