缔约过失类型化探析

Analysis on the Types of Contract Negligence

关于缔约过失责任的适用范围,我国《合同法》第42、43条规定了三种情形,在司法实践中显得范围偏窄。国内外学者对此有不同的总结,各国立法也有不同的规定。本文在总结不同学者观点的前提下,比较主要国家和地区的相关立法,从对先合同义务的分析入手,对缔约过失的类型化进行了分析和重新归纳。

Concerning the applicable of the liability of contract negligence, there are three cases stipulated by Article 42 ＆ 43 in the Contract Law in China, which are limited in scope in the judicial practice. Many scholars at home and abroad have different views about it, and there are different stipulations in different countries. Based on the reviewing different scholars＇ ideas, the essay compares the legislations among some major countries and regions; in addition, it also analyses and concludes the types of contract negligence from the perspective of pre-eontractual obligations.