刍议缔约过失责任的独立性简

缔约过失责任理论的提出不仅有利于维护商业交易过程中当事人双方的利益保护机制,还对于完善合同法的发展具有巨大的推进作用.缔约过失理论的发展及其遭遇的挑战,反映了其与相关理论的复杂联系.缔约过失理论具有独立的请求权基础和理论价值,并且在很多方面不同于违约责任以及侵权责任等制度.伴随着社会经济的进一步发展,缔约过失责任在商业交易活动中的适用也日趋频繁,但是对于缔约过失责任的存在基础的认定却颇存争议.因此,明确缔约过失责任的独立性具有必要性.

On Independence of Contracting Negligence Responsibility

Liability theory is not only conducive to safeguarding parties in the course of commercial transactions, also has a huge role mechanism for protecting the interests of the for the comprehensive development of contract law. The development of contracting negligent liability and the challenge it faces, reflect that it has complex association with the liability for breach of contract, liability for tort, freedom of contract and honesty and credibility etc. The contracting negligent has itself foundation of independent claim and the theory of value, and in many ways different from the liability for breach of contract and tort liability system. Accompanied by socio-economic development, the application of fault liability in commercial transactions are becoming increasingly frequent, but the definition about the basis of liability existing is quite controversial. So that to clear and definite the independence of the liability of contracting negligent is necessary.