略论缔约过失责任

Responsibility of Contract Culpa

缔约过失责任是指缔约人违反先合同义务或附随义务向对方当事人应负的赔偿责任。缔约过失责任的确立为保护缔约人的合法权益,保障交易的安全提供了法律依据。但现实中对该制度的理解及认定存在不少误区,本文笔者通过对缔约过失责任概念和构成要件全面解析,阐明缔约过失责任与违约责任、侵权责任的区别,进而提出对完善缔约过失责任制度的思考。

Responsibility of contract culpa refers to the responsibility that party one violates the legal appendix obligation or pre-contract obligation causing loss to the other party , which are the protection of person＇ s legitimate rights and interests and legal treaty of the transaction seeurity . But in reality, there are some misunderstandings about it. The author wants to analyze the responsibility of Contract Culpa concept and constitution, compare the differences among responsibility of Contract Culpa, responsibility of breach and tort liability. Then the author proposes a thinking about the consummation of responsibility system of Contract Culpa.