论文部分内容阅读
随着我国市场经济的不断发展和深入以及人们法律意识的日益增强,各个经济主体之间的合同订立非常频繁,随之而来的由于缔约过失责任引发的民事纠纷案件也不少,分析和认定缔约过失责任,能够保障受害人的合法权益,对于维护市场经济秩序以及社会的安定有序有着至关重要的作用。在缔约过失责任的认定过程中,首先要把握其构成要件,完后相应的做出赔偿范围和方式。本文整合各方面关键要素,对缔约过失责任的认定进行了系统有效的论述后,继而基于法律理论提出了相关处理方式。
With the constant development and deepening of China’s market economy and the ever-increasing awareness of people’s law, the contract between various economic entities has been established very frequently. There are also many cases of civil disputes arising from the liability for contracting negligence, which is analyzed and determined The responsibility of contracting the negligence and safeguarding the legitimate rights and interests of the victims plays a crucial role in safeguarding the order of the market economy and the social stability. In the process of establishing the fault liability of contracting contracting parties, we must first grasp the elements of its constitution and, after that, make the corresponding scope and method of reparation. This article integrates the key elements in all aspects, and makes a systematic and effective discussion on the identification of contracting negligence. Then it puts forward the relevant handling methods based on legal theory.