浅谈合同有效场合之缔约过失责任

On the Defect Liability of Contract in Effective Occasion of Contract

合同有效场合之缔约过失责任于1896年德国学者莱昂哈德提出后,对世界各国立法及学说均产生一定的影响。缔约过失责任产生于合同缔结过程之中,不仅适用于合同不成立、无效、被撤销场合,也适用于合同有效场合。承认合同有效场合之缔约过失责任,有利于更全面地保护缔约当事人的利益,更好适应时代的变化发展要求。

The theory of Defect Liability of the Contract Applying to Effective Occasion of Contract was put forward by German scholars in 1896.It has brought certain effects to the legislation of every country around the world.Defect Liability of the Contract evolves from the course of concluding contract.It not only applies to the groundless,invalidation,canceled of contract but also applies to effective occasion of contract.Accepting Defect Liability of the Contract applying to effective occasion of contract will protect the benefits of the interested party more all-round and adapt to a requirement of development of the times better.