缔约过失责任英文

Liability for Miss Promise或 Liability for Negligence in Contracting或 On Liability of Fault in Negociating

一、什么是缔约过失责任1、缔约过失责任是指在合同订立过程中，一方因违背其依据的诚实信用原则所产生的义务，而致另一方的信赖利益的损失，并应承担损害赔偿责任。它是一种新型的责任制度，具有独特和鲜明的特点可以是产生于缔约过程之中，也可以是合同成立并生效时。2、法律依据：《中华人民共和国民法典》第五百条当事人在订立合同过程中有下列情形之一，造成对方损失的，应当承担赔偿责任：（一）假借订立合同，恶意进行磋商；（二）故意隐瞒与订立合同有关的重要事实或者提供虚假情况；（三）有其他违背诚信原则的行为。二、缔约过失责任原因有什么1、恶意磋商行为。很多经营者认为，合同没有成立之前的行为就不受约束，甚至将利用恶意磋商贻误对方的商业竞争时机视为很好的竞争手段。企业经营者通过与竞争对手进行磋商，贻误对方与他人合作的机会，这种方式的恶意磋商活动将使企业面临被追究缔约过失责任的法律风险。2、应当披露的的信息未披露。这种情况是较为常见的缔约过失责任发生原因，企业对外签订合同时，经营者认为对方没有询问就不必向对方说明物品瑕疵或权利瑕疵，或者经营者为了促成交易故意隐瞒瑕疵，该法律风险体现在企业已经签订的合同之中。缔约过失责任的法律风险产生于签约过程，但其往往存续在活动中，法律危机与法律风险之间时间差比其他合同签订过程的法律风险更长。

缔约mistake responsibility system of creation and development are 19 centuries, the second half leaf is a contract method particularly over 20 centuries the alignment modernizes of importance symbolize it a, its important meaning lay in to make up contract method and infringement method to adjust scope to exist ex- contractual compulsory loophole, to缔约the person's legal benefits provided effectively and protect completely, guaranteed trading safety, supported the order of market economy.But along with the development of the theories and the fulfillment, the content of the responsibility's system concept and postponed to all take place the variety of[with] different degree and expand outside, the 滞 empress of concept not only expressed in the typeface to comprehend at first up, more important is it has already can't been applicable to one new responsibility blank area namely the contract establish to the contract to take effect the ex- responsibility apply blank.In order to beg to resolve this problem by the root, the writer drew lessons from to absorb British and American methods to fasten the advanced standpoint within theories of the trust benefits, putting forward and start to set up contract to trust the responsibility system of the benefits indemnity before taking effect and went deep in to inquiry into it in the existence space in the contract method.This text is divided into five chapters to discuss this topic.Chapter 1 is part of for introduction, mainly generally elaborating this thesis to study academic background and theories and purpose meaning place of this topic;Chapter 2 writer passes to the 缔约contrasting of mistake responsibility and trust benefits theories research, find out theories and 缔约 of the trust benefits invite mistake responsibility likeness of place and compare缔约 invite mistake responsibility of forerunner of place, release clear draw lessons from of theories basis;In chapter 3 the writer pointed out traditional 缔约about mistake responsibility concept and it modern meaning content of two greatly sharp conflict, confirm 缔约mistake responsibility the 滞 of the concept after sex has already can't adapted a new development of theories detection and fulfillment;Chapter 4 writer put forward contract to trust the definition of[with] responsibility of the benefits indemnity to lay equal stress on a point to explain the composing important item of that responsibility system before taking effect, starting to set up the responsibility's system in order to science;Trusted a benefits indemnity's responsibility to apply before taking effect for the right confidence contract, perfect theories' system, writer at chapter 5 scope which discussed contract to trust a benefits indemnity's responsibility to apply in the contract before taking effect with apply a typeKeyword: 缔约the mistake responsibility, trust the benefits theories, contract establish, the contract take effect, honest reputation principle,声明：你这么长的文章我想应该没有人肯翻译吧这是我在网站上帮你翻译的可靠程度只有80%可以用来参考的