독일법상 하자있는 물건 급부시 계약체결상의 과실책임

Liability with Fault on Signing a Contract in the German Law Special theories have been developed complementarily to enforcing a vendor to pay for damages when he/she provides an object with a flaw due to violating the obligation to pay attention. In the German civil law he/she does not have to pay for damages unless he/she bears fraudulent ill will or infringes guarantee. One is the positive breach of contract theory(positive Vertragsverletzung: pVV) proposed by Herman Staub in 1902. The other is liability with fault on signing a contract(culpa in contrahendo: cic) put forward by Jhering in 1969. The positive breach of contract theory(pVV) is an acknowledged liability in case a vendor violates the accompanying obligation. On the other hand liability with fault on signing a contract(cic) is an acknowledged responsibility when a vendor made a wrong explanation due to carelessness or neglected what he/she must explain on signing a contract. Precedents employ the position that a vendor's liability with fault on signing a contract is excluded in case of competing with liability for warranty and recognized only when violating the obligation to explain which is not related to the qualities of an object. This thesis is to review the grounds of the argument in precedents and theories, in particular fact relations in precedents and arguments of the parties concerned regarding liability with fault on signing a contract as a complementary law to the liability for warranty in the German law.