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缔约过失责任是缔约一方因违反依诚实信用原则应承担的先合同义务造成另一方信赖利益损失时应承担的民事赔偿责任。随着时代的发展,缔约过失责任显得越来越重要。本文就从阐述缔约过失责任立法现状出发,对缔约过失责任进行探讨,以期对缔约过失责任在立法实践中探讨完善之途径,旨在以法定责任形式尽可能弥补合同法和侵权行为法调整范围存在前契约义务的漏洞,全面保护缔约人的合法利益,维护市场经济秩序。
The fault liability of contracting parties is the civil liability for compensation that one of the contracting parties should bear when the other party trusts for the loss of profits because of breach of the contractual obligations to be assumed in good faith based on the principle of good faith. With the development of the times, it is more and more important to conclude the fault liability of contracting parties. This article, starting from the status quo of the legislation on fault liability of contracting contracting parties, discusses the liability of contracting negligence, with a view to discussing the ways of improving the contracting negligence liability in the legislative practice, trying to make up for the scope of adjustment of contract law and tort law as much as possible The loopholes in the obligations of the former contract, the full protection of the legitimate interests of contracting parties and the maintenance of market economic order.