强制缔约责任制度的比较研究

A Comparative Study on Compulsory Contracting Responsibility System

强制缔约义务是一种由法律明文规定或者通过法律的解释方法推演出来的法定义务,它存在强制要约和强制承诺两种实现方式。强制缔约责任是对强制缔约义务违反的一种制裁,其性质可归为一种信赖责任。基于理论的探讨与各国的实证分析,可以对强制缔约请求权基础下的信赖责任制度进行类型化塑造。

Compulsory contracting is a kind of statutory obligation which is defined by law or deduced by the legal in- terpretation method, and it contains two realization ways which are the compulsory offer and the compulsory commit- ment. The responsibility of compulsory contracting is a punishment, whose nature is a kind of trust responsibility. Ac- cording to the theoretical discussion and empirical analysis to each country, the trust responsibility system can be classified based on the claim rights of compulsory contracting.