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缔约过失责任是民事责任制度的一个重要组成部分,1861年德国法学家耶林提出缔约过失责任理论,被誉为法学上的发现。随着时间的推移,缔约过失责任理论为各国判例、立法所接受,然而各国对于缔约过失责任的概念和法律基础却存在着很大的分歧,也造成了对其主要类型规定的不同,本文将以我国对缔约过失责任主要类型的规定为例。在缔约过失责任的发展中,特别容易与违约责任和侵权责任混淆。随着缔约过失责任在生活中的不断应用,我国在法律上也有了了关于缔约过失责任的体现。

The Contracting fault liability is an important component of civil liability systems .In 1861 German jurist Ye Lin proposed contracting fault liability theory, which is honored as the discovery in the legal science. With the lapse of time, contracting fault liability theory has been accepted by various countries' legal precedent and the legislation; however various countries have the very big difference about contracting fault liability's concept and legal base, which make its difference on predominant type stipulation. This article will take contracting fault liability's predominant type stipulation as an example. In the development of contracting fault liability, especially it is easy to create it and the violation responsibility and the right infringement responsibility confusion. With the continuous application of contracting fault responsibility in the life, our country also has manifestation about Contracting fault liability in the law
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第1个回答  2008-05-21
Concludes a treaty has been deficient in carrying out one's responsibility, if a civil liability system's important component, in 1861 German jurist Ye Lin proposed that concludes a treaty the neglect duty theory, is honored as in the legal science the discovery. With the lapse of time, concludes a treaty the neglect duty theory for various countries' legal precedent, the legislation to accept, however various countries regarding conclude a treaty the neglect duty concept and the legal base actually have the very big difference, also will create to its predominant type stipulation difference, this article to will have concluded a treaty take our country the neglect duty predominant type stipulation as the example. In concludes a treaty in the neglect duty development, is specially easy and the violation responsibility and the right infringement responsibility confusion. Along with concluded a treaty the neglect duty in the life unceasing application, our country also has in the law about has concluded a treaty neglect duty manifestation.
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