摘要
合同成立后生效前阶段的责任形态是我国《合同法》立法上的“真空地带”,无民事责任说、缔约过失责任说、独立责任说理论上难臻圆满。从归贵基础的视角考量,此阶段与合同生效后阶段具有相同的承担责任的事实基础与同一的法律约束力;从责任形态与其义务基础相适应的要求角度,适用违约责任也更具合理性。
The responsibility form after a contract been entered into and before its becoming effective is a 'noman' sland' in the Contract Law of the PRC. The viewpoint of civil liability, the viewpoint of responsibility for wrongs in conclusion of contracts, and the viewpoint of independent responsibility form can hardly reach their theoretical perfection. from the perspective of foundation of legal responsibility imputation, the stage possesses the same fact foundation of shouldering the responsibility and also the identical legal binding force with contract which has become effective; from the perspective of the conform between responsible form and its obligation foundation, the stage suit the responsible for discharge , more rationally than the viewpoints of responsible forms mentioned before.
出处
《韶关学院学报》
2004年第7期61-65,共5页
Journal of Shaoguan University
关键词
合同成立
合同生效
独立责任
归责基础
缔约过失责任
《合同法》
法律约束力
求角
阶段
空地
a contract
the stage after a contract been entered into and before its being effective
responsible form
responsibility for breach of a contract
foundation of legal responsibility imputation
consensus
