Front.Law China(2006)1:121-152 127 It should be noted that the concept of"liability for breach of contract"used by CCL does not has the same meaning with "liability for non-performance of obligation"used by traditional civil law theories.As"guarantee liability"has been unified with liability for breach of contract in CCL(arts.111 and 155).It should also be noted that"breach of contract"used by CCL has some differences with"non-conformity of contract"used by CISG.Especially in the aspect of corresponding liabilities,"liability for breach of contract"in CCL may include "consequential damages"(as art.112 may have such interpretation).While in CISG,liability of the seller for death or personal injury caused by the goods to any person is out of the Convention's sphere of application(CISG art.5).So when a breach of contract causes personal injury or damage to property (other than the very thing contracted for),the injured party may claim compensation in a contract action according to CCL. As to the types of liabilities for breach of contract in CCL,there are enforced performance (arts.109,110 etc.),damages(art.113)and payments stipulated by the contract(art.114). And as a remedy for breach of contract,a party who is aggrieved by the other party's failure to perform contract may terminate the contract(arts.93,94 etc.).It should be noted that it is a freedom of the aggrieved party to choose a specific relief or a substitutionary one or a combination of the two if possible,as there is no mandatory sequence of the remedies for breach of contract in CCL. Pre-contractual obligations and liability for culpa in contrahendo With a lot of reference to foreign civil law theories and the provisions in PICC(arts.2.15 and 2.16)and PECL (arts.2:301 and 2:302),CCL makes a resemble provision (arts.42 and 43). And these provisions are interpreted as pre-contractual obligations and the liability for culpa in contrahendo.Besides,art.58 of CCL on effects of a void contract also includes some effects of the liability for culpa in contrahendo. Post-contractual obligations and post-contractual liability CCL makes a provision on post-contractual obligations(art.92),according to which,even the contractual relationship is over,the parties shall perform obligations of notification,assistance and confidentiality in light of good faith and fair dealing and in accordance with trade practices.As to effects of breach of post-contractual obligation,there is no provision in CCL. In scholastic interpretation,it should be treated by liabilities for breach of contract.But post- contractual liability should not be treated as strict liability,it is a kind of fault liability. Liabilities for culpa in contrahendo Introduction The theory of culpa in contrahendo,which is first presented by German scholar Rudolf von Jhering in 1861 and is developed by German cases,has its influences in China.The influenceIt should be noted that the concept of “liability for breach of contract” used by CCL does not has the same meaning with “liability for non-performance of obligation” used by traditional civil law theories. As “guarantee liability” has been unified with liability for breach of contract in CCL (arts. 111 and 155). It should also be noted that “breach of contract” used by CCL has some differences with “non-conformity of contract” used by CISG. Especially in the aspect of corresponding liabilities, “liability for breach of contract” in CCL may include “consequential damages” (as art. 112 may have such interpretation). While in CISG, liability of the seller for death or personal injury caused by the goods to any person is out of the Convention’s sphere of application (CISG art. 5). So when a breach of contract causes personal injury or damage to property (other than the very thing contracted for), the injured party may claim compensation in a contract action according to CCL. As to the types of liabilities for breach of contract in CCL, there are enforced performance (arts. 109, 110 etc.), damages (art. 113) and payments stipulated by the contract (art. 114). And as a remedy for breach of contract, a party who is aggrieved by the other party’s failure to perform contract may terminate the contract (arts. 93, 94 etc.). It should be noted that it is a freedom of the aggrieved party to choose a specific relief or a substitutionary one or a combination of the two if possible, as there is no mandatory sequence of the remedies for breach of contract in CCL. Pre-contractual obligations and liability for culpa in contrahendo With a lot of reference to foreign civil law theories and the provisions in PICC (arts. 2.15 and 2.16) and PECL (arts. 2:301 and 2:302), CCL makes a resemble provision (arts. 42 and 43). And these provisions are interpreted as pre-contractual obligations and the liability for culpa in contrahendo. Besides, art. 58 of CCL on effects of a void contract also includes some effects of the liability for culpa in contrahendo. Post-contractual obligations and post-contractual liability CCL makes a provision on post-contractual obligations (art. 92), according to which, even the contractual relationship is over, the parties shall perform obligations of notification, assistance and confidentiality in light of good faith and fair dealing and in accordance with trade practices. As to effects of breach of post-contractual obligation, there is no provision in CCL. In scholastic interpretation, it should be treated by liabilities for breach of contract. But post￾contractual liability should not be treated as strict liability, it is a kind of fault liability. Liabilities for culpa in contrahendo Introduction The theory of culpa in contrahendo, which is first presented by German scholar Rudolf von Jhering in 1861 and is developed by German cases, has its influences in China. The influence Front. Law China (2006) 1: 121–152 127