缔约过失中终止谈判制度构建探析

An exploration into the establishment of the system of termination of negotiation when fault appears during concluding a treaty

终止谈判是缔约过失行为的一种重要表现形式,但当前我国关于终止谈判的立法与司法状况均相当薄弱。《合同法》中缔约过失责任的相关规定有其积极一面,而对其不足之处,应当重新构建缔约过失中终止谈判制度。

Termination of negotation is an important form when fault appears during concluding a treaty. But legislation and judicature concerning termination of negotiation are poor in our country. The relevant stipulations concerning negligence responsibility of concluding a treaty in the Contract Law have active part as well as passive part. The system of termination of negotiation when fault appears during concluding a treaty should be reestablished.