论缔约过失的损害赔偿

权利受到具体损害的具体方式决定了法律的救济措施,具体的救济措施充实了权利的真正意涵。缔约过失损害方式,表现为非过失方为与相对方订立合同所产生的费用支出,或非过失方因相对方违背诚实原则丧失与第三人缔约的机会损失。该损害方式与其损害的生成期间密切相关,又与过失内容相辅相成。损害方式和过失内容将缔约过失损害赔偿限于信赖利益损失。在缔约过失中发生的人身损害、不符合费用支出的财产损失及商业秘密损害应适用侵权责任或不当得利或恢复原状而非缔约过失责任。

On Compensation for Damages in Contract Negligence

The specific form of a specific right damage decides the relief measure of law.The specific relief measures fulfill the real meaning of rights.The compensation for damage in contract negligence is embodied as the loss of expenses from the contract signing between non-contribution part and the opposite part and the loss of chance that non-contribution part lose to sign contracts with a third part because of the opposite part’s betrayal of honesty and credibility.The specificity of the damage has much to do with the generation of the loss,and also has much to do with the content of contract signing negligence.The ways of damage and the content of negligence limit the damage compensation into trust interest loss.Personal injury,the property loss that doesn’t fit the expenses and the business secret damage should suit the tort liability or illegal profit but not the responsibility for damages in contract negligence.