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缔约上的过失责任指的是当事人在缔结契约过程中因缔约当事人一方过错致他方当事人遭受损害所要承担的民事责任。这一问题在我国民事法律基本理论研究中尚未受到应有重视,在司法实践中也缺乏针对性的适用。因此,紧密结合民事审判实践,为完善民事法律,在民法理论上对缔约上的过失责任进行探索,是十分必要的。一、确定缔约上过失责任制度的必要性首先,建立缔约上过失责任制度是完备我国民法理论的需要。
The liability of negligence in a treaty refers to the civil liability of the party for the damage caused to him by the fault of one contracting party during the contract conclusion. This issue has not been given due weight in the study of the basic theory of civil law in our country, and it lacks pertinence in judicial practice. Therefore, in close connection with the practice of civil trial, it is very necessary to improve the civil law and to explore the fault liability of the contracting party in the civil law theory. I. The Necessity of Determining the Liability System for Negligence in Contracting Parties First of all, the establishment of the liability system for negligence in contracting parties is the need to complete the theory of civil law in our country.