缔约过失责任探析

Probing into the Fault Liability on Striking an Agreement

本文从缔约过失责任的创立入手,探讨了缔约过失责任的法律基础,认为诚实信用原则是其合理存在的根基。同时,着重分析了缔约过失责任的构成要件及与相关责任的区别,并就其适用范围进行了论述。

This article reviews the legal basis of the fault liability on striking an agreement from its origin, and this paper draws a conclusion that the principle of good faith is the real foundation of reasonable existence of the fault liability on striking an agreement. Meanwhile, it especially analyses the form of the fault liability on striking an agreement and its differences from other interrelated liabilities, and discusses its scope of application.