合同未获追认时限制民事行为能力人的缔约过失责任

Liability in Culpa in Contrahendo of Person with Limited Capacity for Civil Conduct Prior to Ratification of Contract

若限制民事行为能力人订立了不能独立订立的合同,且该合同未获法定代理人追认,对善意相对人遭受的纯粹经济损失不应适用监护人责任,但具有故意的限制民事行为能力人须承担缔约过失责任。限制民事行为能力人承担缔约过失责任的正当性在于其故意实施了欺骗等违背诚信原则的缔约行为,引起了相对人对合同无须他人同意即可生效的误信。善意相对人还可以依据权利外观法理主张合同生效,也可以举证证明法定代理人已经表示了默示同意或默示追认。此外,法定代理人在知道限制民事行为能力人订立合同后未及时告知的,应对善意相对人承担损害赔偿责任,将善意相对人的法律地位恢复至及时告知时的状态。

When statutory agent didn't ratify the contract concluded by a person with limited capacity for performing civil juristic acts without the ex-ante consent of statutory agent,the contract will be void and the person with limited capacity shall bear the liability for culpa in contrahendo for his intentional causing pure economic loss to the bona fide counterparty.The guardian's liability of statutory agent shall not apply.The justification of this liability for culpa in contrahendo lies in the intentional acts contrary to good faith during the conclusion of contract,such as deception,which gives rise to the counterparty's misconception that the consent of third person is not required for contract validity.A bona fide counterparty may either rely on the doctrine of appearance of rights to claim that the contract is valid or prove that the statutory agent has given implied consent or implied ex-post ratification.Moreover,a statutory agent,who has knowledge of the contract but fails to inform the bona fide counterparty that his contract was concluded by a person with limited capacity for performing civil juristic acts,shall be liable for damage to the latter,restoring the legal status of the bona fide counterparty to that status which it would have been if he had been informed promptly.