论缔约过失责任

Liability for Miss Promise

缔约过失责任的理论基础是违反了以诚实信用为基础的先契约义务,其归责原则为过错责任原则。这是一种损害赔偿责任,其赔偿的范围限于信赖利益的损失。缔约过失责任既不同于违约责任,又有别于侵权责任。

The theoretical basis for liability for miss promise is breaching the devoir of the foregoing contract that is based on honesty and credit and can be classified into the liability for fault.It is a kind of liability that i n-volves compensation whose range is l imited to the damage to the benefit of trust.Therefore,the liability for miss promise is neither the same as the lia bility for contract breach and nor th e same as the liability for infringem ent.