合同法之缔约过失责任

Talking about the contracting negligence liability in contract daw

缔约过失责任,是缔约人故意或者过失地违反先合同义务时依法应当承担的民事责任。本文主要从缔约过失责任的立法意义及依据入手,以案例方式阐述了缔约过失责任的特点及构成要件,分析了缔约过失责任的类型及赔偿责任,指出了缔约过失责任追究时值得注意的问题。

Contracting negligence liability is the civil liability that one contracting party should bear according to law when he intentionally or negligently transgresses the obligation of pre-contract. This paper begins with the legislation significance and the legal ground of the contracting negligence liability, and then expounds the characteristics and the elements of contracting negligence liability by cases, analyzes the types and compensation liability of the contracting negligence liability, pointing out the problems which are worth being payed attention to in investigating contracting negligence liability.