浅析缔约过失责任

缔约过失责任是在订立合同过程中缔约一方当事人因违反依诚实信用原则所应承担的先合同义务而造成另一方当事人信赖利益损失时所应承担的民事赔偿责任.作为违约责任的补充,其与违约责任不同的是:缔约过失责任的承担以违反法定的先合同义务为依据,其责任性质具有法定性,责任形式以赔偿损失为主且赔偿范围以受害方信赖利益的损失为限.法律设定缔约过失责任,旨在弥补合同法调整的漏洞,全面保护缔约人的合法利益,维护市场交易秩序.从阐述缔约过失责任的理论基础出发,对缔约过失责任的构成特征、缔约过失责任与违约责任的关系进行了探讨,以期对我国的相关立法及法律实践提供借鉴.

Analysis of Culpa in Contrahendo

The liability for culpa in contrahendo as a civil compensation liability occurs when one party violates the precontractual obligations subject to bona fide principle and then the other party is to be entitled to the compensation for the damages to the reliance on its interest suffered thereby. The liability for breach of a contract is quite different from that for culpa in contrahendo in that the latter just occurs when one party violates the legal precontractual obligations and, therefore, it is liable for the behavior it did. The liability thus incurred is mainly in form of compensation for damage that should be limited to the lost reliance on the other party's interest. The lawful objective of the liability for culpa in contrahendo is to make up the gaps in the Law of Economic Contracts so as to protect both parties more comprehensivety and maintain the normal order in transactions. Based on the theory of culpa in contrahendo, the formation and characteristics of the liability for culpa in contrahendo and the relation between the liability and that for breach of contract are discussed with the intention to improve the relevant legislation and legal practices.