缔约过失责任浅议

Analysis of the Liability for Fault in Making Contract

缔约过失责任自罗马法伊始即成为立法及学说上讨论的主要问题 ,不同国家、地区对于其涉及的主要内容有着不同的立法规定 ,但是一般均从两个方面入手 ,一是责任类型 ,二是法律效果。为能更好的把握缔约过失责任 ,有必要关注其与违约责任、侵权责任的关系 ,因为其与违约责任均属契约上责任 ,而侵权行为说曾一度被认为是缔约过失责任的法律基础。

The misfeasance in making contract is the mean issue for discussion from the beginning Roman law. As for its main content, different countries as well as districts regulates differently, which concludes general two phases: one is type of the liability; the other is the effect of law. The relation between the liability for breach of faith and liability for tort should be cleared to judge the liability for fault, because the act of tort is the base for the law of liability for fault in making contract.