缔约过失责任探析

缔约过失责任是指当事人在订立合同过程中因违反诚实信用原则 ,给对方造成损失所应当承担的损害赔偿责任。关于缔约过失责任的法律性质大致有四种学说 :侵权行为说、法律行为说、法律规定说、诚实信用原则说。我国《合同法》规定缔约过失责任的构成要件是 :缔约当事人违反先合同义务 ;缔约相对人受到损失 ;违反先合同义务的一方有过错 ;过错与损失之间有因果关系。缔约过失责任与违约责任、侵权责任等其他民事责任之间有明显的区别

On Culpa in Contrahendo

Culpa in Contrahendo is the responsiblity of compensation for damage that the party should be born to the other for violating the honest credit principle in the course of ordering a contract. Four theories have provided different explanations about the legal nature of culpa in contrahendo, which have been described as act of tort, act of law, statutory rule and honest credit principle. According to Contract Law of our courtry, the important constructive conditions of culpa in contrahendo include the contracting party's breach of pre-contract obligations; the damage; the fault of the party in breach; the causality between fault and damage. There are obvious differences between Culpa in Contrahendo and liability for breach of contract, liability for tort, the other civil liabilities, etc.