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缔约过错责任中的几个基本问题需要进行讨论,加以明确。一、关于缔约过程中产生的责任的法律术语。当前法学界对缔约过程中产生的责任叫什么责任界定不一至,本文认为应以缔约过错责任为其专用术语为宜。二、关于缔约过错责任的适用范围。本文认为可分为空间范围和时间范围,空间范围指缔约过错方应承担缔约过错责任的法定事由产生在哪一时间段;时间范围指无过错方在什么时间可以追究并让对方承担责任。
Several basic issues in the liability for contracting a contract need to be discussed and clarified. First, on the contractual obligations arising from the legal terms. At present, the jurisprudence circles define the responsibilities of the contracting parties from different responsibilities to different responsibilities. In this paper, it is appropriate to use the liability of contracting fault as its terminology. Second, the scope of application of liability for contracting a fault. This paper argues that it can be divided into the scope of space and the scope of time. The range of space refers to the period during which the statutory cause of the fault of contracting party should be assumed to be responsible for the fault of contracting a contract. The time range means at what time and without fault the party can hold the other party to bear the responsibility.