合同因错误而撤销的信赖赔偿责任

合同因错误而被撤销,撤销人应负担信赖赔偿责任。该制度渊源于罗马法,历经德国学者温德夏特、耶林、贝尔、梅尔的建构,最终在1896德国民法典中确立,并被现代各国民法继受。错误信赖赔偿责任是信赖保护的重要制度。它不同于缔约过失责任,不以过失为要件,而以信赖为归责原则,具有独立的构成要件和适用范围。它是一种独立的责任形态,旨在追求公平理念。我国应当确立错误信赖赔偿责任。

Reliance Damages While Rescinding a Defective Contract

A rescinder is liable for reliance damages where he/she rescinds a contract because of contractual errors. Originating in Roman law and developed by German scholars, i.e. Windscheid, Jehring, Bhr and Meyer, the principle was ultimately established in the German Civil Code of 1896 and has been introduced by many countries into their respective civil law. Reliance liability, differing from culpa in contrahendo, has independent requirements and application rules. While establishing reliance liability, only reliance is of concern and no negligence is required. Indeed, this liability is a separate form behind which fairness and justice are sought. In this author’KG-*8s opinion, China should set up such a framework of reliance damages.