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违反诚实信用原则无正当理由中断契约磋商,致使信赖方遭受信赖利益损失,应承担赔偿责任。该责任在理论定位上应属于缔约上过失责任范畴。对于是否构成中断契约磋商责任,以产生合理信赖、无正当理由中断磋商、损害结果、因果关系为其构成之四要件。其赔偿范围限于与本磋商存在因果关系的信赖利益的损失,但并不以履行利益为最高限额。
Violation of the principle of good faith without proper agreement to terminate the contract, resulting in relying party suffered trust losses, should bear the liability for compensation. The responsibility in the theoretical orientation should belong to the contracting category of fault liability. Whether to constitute an obligation to negotiate a contract of disruption, to generate reasonable trust, to disrupt negotiations without justifiable reasons, and to damage the outcome, is the four elements of its composition. The scope of compensation is limited to the loss of the trust interest which is causally related to this negotiation, but it is not based on the ceiling of interest.