浅议缔约过失责任

缔约过失责任是指在合同订立过程中 ,一方因违背其依据的诚实信用原则所产生的义务 ,而致另一方的信赖利益的损失 ,并应承担损害赔偿责任。它是一种新型的责任制度。从缔约过失责任的特点这一角度 ,对缔约过失责任制度予以阐述 ,对目前颇有争议的一些理论问题作一粗浅探讨 ,以达到很好地理解和适用缔约过失责任 ,防止其不适当扩大。

Elementary thesis on fault liability of contracting

As a new pattern of liability system, the fault liability of contacting refers t o the damage-indemnifying liability which should be undertaken by the contracti ng party whose breach of the obligations that arise from the principle of good f aith has resulted in the loss of reliance interest of the other party during the procedure of contracting. This thesis is expounding the system of fault liabili ty of contracting at the dimension of setting forth the characteristics of the f ault liability of contracting, probing into some disputable issues in theory at present, and looking forward to making a proper understanding and application of this system and avoiding its abuse.