缔约过失责任历史演进及其启示

The history evolution and its enlightenment of the contracting fault responsibility

缔约过失责任的产生是对大陆法系传统契约理论的重大突破,它不仅对大陆法系各国立法和判例产生了深远的影响,而且为英美法系国家所吸收,给传统的契约法理论带来了巨大的影响。本文探讨缔约过失责任理论历史演进的过程及其启示,阐述缔约过失责任制度与英美法系中信赖利益理论、允诺禁反言原则之间的关系。

The emergence of the contracting fault responsibility is a significant breakthrough for the traditional contract theory of the continent law , it not only has had the profound influence on the continent legal system and legal case, but has been absorbed by the British and American legal system , and it has brought the huge influence on the traditional contract law theory. This article discusses the historical evolution of the contracting fault responsibility theory and its enlightenment, and elaborates the relation between the contracting fault responsibility theory and the trust benefit theory , in the British and American legal system.