缔约过失责任独立性分析

Concludes a Treaty the Neglect Duty Independence Analysis

缔约过失责任制度作为保障缔约安全的一项制度,历来受到各国立法和实践的重视。缔约过失责任在责任基础、责任性质、赔偿范围等主面与违约责任、侵权责任均有所不同,是一种独立的民事责任。明确缔约过失责任的独立性,有利于完善缔约过失责任制度,有利于完善债法理论体系。

Concludes a treaty the neglect duty system to conclude a treaty a safe system as the safeguard, always receives various countries＇ legislation and the practice value.Concludes a treaty the neglect duty in main surfaces and the violation responsibility, the right infringement responsibility and so on responsibility foundation, responsibility nature, compensation scope differs from, is one independent civil liability. Concludes a treaty explicitly the neglect duty independence, is advantageous concludes a treaty the neglect duty system in the consummation, is advantageous discusses the system in the consummation debt legal principle theory of law.