论先合同义务责任——缔约过失制度

On Liability Prior to contract ——Regulations Against Faults in Contracting

缔约过程中一方当事人因过错违反先合同义务 ,造成对方损失的 ,应当承担缔约过失责任 ,其理论依据是诚实信用原则 ,其责任承担方式是损害赔偿 。

In the course of contracting ,the party who fails to fulfill his liability prior to contract and thus causes the other party to suffer losses has to bear the due responsibility.Here the theoretical basis is the principle of trust and credit ,the way of bearing responsibility is to pay consenpation and the extent of conpensation is to cover losses of the other party′s value of trustworthiness.