论缔约过失责任的概念和性质

On the Concept and Nature of Culpa in Contrahendo

本文通过探究缔约过失责任若干核心要素来解析其概念,并在此基础上进一步探析其性质。缔约过失责任应定义为:在合同的缔结过程中,一方当事人因自己过错违反先合同义务致使另一方信赖利益遭受损失而应承担的赔偿责任。缔约过失责任应该成为一类独立的民事责任,其法理基础是诚实信用原则和公序良俗原则。

The paper probes into the concept of Culpa in Contrahendo by reviewing its key elements and nature. The authors think that Culpa in Contrahendo should be defined as A kind of liability of compensation for one contract party, who violating its pre-contract obligation due to his fault which causes the loss of reliance interest of the other party. Culpa in Contrahendo should be an independent civil liability, and the principles of good faith, full credit and good morals should be its theoretical foundation.