外文翻译---合同中缔约过失责任的产生和发展(编辑修改稿)

外文翻译---合同中缔约过失责任的产生和发展(编辑修改稿)内容摘要：

actice and doctrine have been developed rapidly and gradually formed a fine, large, plex and wide scope of application, the establishment of a generalized principle. In Japan, the jurisprudence has also acknowledged the responsibility of contracting negligence theory. In Japan39。 s Case to find the bases of the fault liability from the trust and the city real credit principle, so the scope of this responsibility extended to the following areas: (1) Unable to perform the contract from the beginning so that the contract does not hold or invalid。 (2) The contract shall only remain in the preparation stage of negotiation。 (3) Contract effective establishment of the situation. Contracting fault liability is an effective establishment of the situation of enough to matter if the targets were flawed and contractor who breach of contract. In Greece and Italy, contracting fault liability was concerned as a general principle. According to Greek Civil Code Article 197, it stipulates that: When consultations on the occasion of the conclusion of contracts, the parties should have obligation to follow the trading practices and good faith. The Italian Civil Code section 1337 provides a prenegotiations and contractual responsibility, both in the process of negotiation and conclusion of contracts, the parties should be based on the principles of good faith. In France, contracting fault liability has not been incorporated into the Civil Code. When a similar situation occurs, it will be handled in accordance with the tort law. But in recent years, the judicial practice shows that the contract law principles of contract is invalid or does not hold the party at fault when the responsibility to prosecute cases occur from time to time, such as the preparation protocol protection. In the English and American laws, there is no contracting fault liability concept in history. But after Mansfield incorporated duty of good faith into their laws with widespread support since 1933, the mon law admits contracting fault liability. In 1933, Fuller, scholar in the US, es out with amends when damages trust in the contract laws published in the “Yale Law Review”. The paper was discussed in detail with the expected benefits, trust interests and the performance benefits. The United States Uniform Commercial Code, also confirmed the duty of good faith。