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信赖原则是民法的基本原则,在两大法系有各自不同的发展轨迹,英美法的禁反言规则主要作为传统约因理论的替代而发生作用,使特定情形下没有对价支持的契约依然具有强制执行力。大陆法中的信赖原则作用范围更扩张及传统合同法以外的法域。本文试图构建信赖原则一般类型,明确信赖责任之构成要件。本文认为信赖原则的违反可能导致本来有效力瑕疵的法律行为被强制生效,或者善意信赖人取得某些权利或引起信赖的一方承担赔偿责任,过错相抵在信赖损害赔偿的计算中有其适用余地,其具体数额可能超过履行利益之范围。
The principle of trust is the basic principle of civil law and has its own different development path in the two major legal systems. The Prohibition of Antonyms of Anglo-American law mainly acts as a substitute for the traditional theory of causation, so that the contract without the support of price under certain circumstances still has the force Execution. The principle of trust in continental law is more extended and the law outside the traditional contract law. This article tries to construct the general type of trust principle and clarify the components of the trust responsibility. The author believes that the violation of the principle of trust may lead to the inherent validity of the legal acts are forcefully enforced, or good faith people to obtain some of the rights or trust to bear the liability for compensation, the balance of error in the calculation of the trust compensation for damages has its scope, The specific amount may exceed the scope of the performance benefits.