论缔约责任的赔偿范围

缔约责任以赔偿信赖利益损失为目的,信赖利益是缔约当事人信赖对方缔约行为时所产生的利益,信赖利益损失与合同是否成立有效没有关系。在合同关系不存在情况下缔约责任人要赔偿直接损失和间接损失;在合同有效情况下,责任人仅赔偿受害人支出的额外缔约费用及其利息。直接损失的计算以实际损失为准,间接损失要分为两种情况计算。缔约责任赔偿不包括精神损害赔偿。缔约责任赔偿不受履行利益范围限制,不适用过失相抵规则,但要受可预见性规则限制。

On the Compensation Sphere of Culpa in Contrahendo

The intention of culpa in contrahendo is to compensate the loss of reliance interests. Reliance interests come into being when the party rely on other's conduct of signing a contract. And the loss of reliance interests has nothing to do with the fact that the contract is valid or void. When there isn't a contract,the culpa in contrahendo should compensate direct and indirect damage, however when the contract is valid, the the culpa in contrahendo only compensate extra expense spent in signing a contract and it's interests. The direct damage shouldbe calculated according to the truth, The indirect damage should bealculated by two methods. The culpa in contrahendo compensation shouldn' t contain the mental damages. The sphere of compensation can't been limited by the benefit of performance and we can't determine the sphere of compensation with the rule of contributory, but the compensation should been limited by the rule of predictability.