论缔约过失责任 毕业论文1.docVIP

论缔约过失责任 摘 要：缔约过失责任是指在合同订立过程中,缔约人因故意或过失违反了根据诚实信用原则产生的先合同义务,致对方因信赖产生损失而应依法承担的民事责任。缔约过失责任以缔约人违反先合同义务，缔约过程中主观上存在过错，相对方受到损失，过错行为与损失后果之间有因果关系为构成要件。缔约过失责任是基于诚实信用原则发展而来的，它首先由德国学者耶林提出来的，此后,缔约过失责任理论逐渐为世界各国契约法学理论界及立法、司法判例所接纳,对我国亦有相当的影响。由于我国没有统一的民法典，作为权宜之计，缔约过失责任只能暂在合同法中做出规定，尽管较之以前相对完整，但还远远不能适应解决司法实践中所涌现的大量的关于缔约过失责任纠纷的需要。因此, 围绕缔约过失责任的相关问题作初步探讨，希望对缔约过失责任有所帮助。 关键词：缔约过失责任，先合同义务，诚实信用原则，信赖利益 Abstract: Concludes a treaty has been deficient in carrying out ones responsibility, if refers to, in the contract works out in the process, because the concluding a treaty person intentionally or the error has violated the first contract duty which the basis honest credit principle produces, because sends opposite party to trust has the loss, but should undertake legally civil liability. Concludes a treaty the neglect duty concluding a treaty person to violate the first contract duty, concludes a treaty in the process subjectively to have the mistake, opposite party has the loss, between the mistake behavior and the loss consequence has the causal relation to constitute the important document. Concludes a treaty has been deficient in carrying out ones responsibility, if comes based on the honest credit principle development, it first comes out by German scholar Ye Linti, hereafter, concludes a treaty the neglect duty theory gradually for various countries contract legal science theorists and the legislation, the judicial precedent admits, also has the suitable influence to our country. As a result of our country unifications code civil, has not taken the expedient measure, concludes a treaty the neglect duty only to be able to make the stipulation temporarily in the law of contract, although compared with before is relatively complete, but has not been able to adapt massively by far about concludes a treaty the neglect duty disputes need which in the solution judicature practice emerges. Therefore, regarding concludes a treaty the neglect duty related question to make the preliminary discussio