论缔约过失责任在个案中的认定

缔约过失责任是在合同订立过程中，合同有效成立前，因二方当事人违反先合同义务而给对方当事人造成损失所应承担的责任，而不包括合同无效或被撤销的情况。合同无效或被撤销应当适用《民法通则》及《合同法》的有关规定，而不应适用缔约过失责任的规定。在目前民事立法的现状下，虚假表示意思表示适用缔约过失责任规定有其现实意义。

On the Affirmation of Culpa in Contract in an Individual Case

The responsibility of culpa in contract is a civil responsibility to be assumed by a contracticy party who by violating the good faith principle breaches intentionally or negligently its pre-contract duties and causes personal or property damages to the other party who relies upon the former. the author studied the application scope of responsibility of culpa in contract. And the author studied the compensation scope of culpa in contract, insisting what should be compensated is the expected interests and the compensation scope shall not expand the performance interest with a few exceptions under some special circumstances including the party who is responsible acts with strong intention and the party is intential to injure the other party. The Loss of expected interest consists of indirect Loss as well as direct Loss.