论合同未生效阶段的法律责任--兼谈合同责任体系的进一步完善

我国合同责任的体系正趋于完善 ,缔约过失责任、违约责任以及后合同责任三者共同构成我国现行的合同责任体系。但对少数合同而言 ,其生效滞后于成立 ,有一个成立而未生效的阶段 ,这一阶段是前述三种责任都无法提供保护的特殊阶段 ,需要一种新的责任来规制这一阶段当事人的行为 ,这种责任便是合同未生效阶段的法律责任。

On the Legal Liability before a Contract Takes Effect-- The further improvement in the system of the contractual liability

The system of the contractual liability in China is improving. The liability for the fault conducts when negotiating for a contract, the liability for the breach of the contract and the liability after the expiration of the contact consist the current system of the contractual liability. Yet for a few of contracts, the time of taking effect lags behind that of concluding, and there is a phase when the contract has been concluded but not taken effect. This phase can not be protected by the above three type of liabilities, so we are in need of a new type of liability to restrict the conducts in the special phase which is called "the legal liability before a contract takes effect".