缔约过失责任制度的理论基础

On the Theoretical Basis of the Contracting Fault Responsibility

通过对缔约过失责任的请求权基础的研究,确立了缔约过失责任的请求权只能是也应该是诚实信用原则,并通过对诚实信用原则的起源及功能的研究,阐明了诚实信用原则在缔约过失责任中适用应注意的几个问题。

This paper, based on the study of appeal right in contracting fault responsibility, suggests that the appeal right is and should be the principle of honesty. After studying the origin and function of the honesty principle, this paper also discusses several issues in applying the honesty principle.