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缔约过失责任首先需要解决责任产生的时间界限,即缔约过失责任的起点和终点。以要约生效为缔约过失责任承担的起点,实践中会发生诸多的不公平,因而应当以缔约过程中先契约义务的违反为判断依据,只要违背了先契约义务并造成了当事人的损失,过错方就应当承担缔约过失责任;同时,缔约过失责任终止的时间应当为合同成立之时。
The fault liability of contracting must first solve the time limit of responsibility, that is, the starting point and ending point of contracting fault liability. In order to make the offer effective as the starting point of the liability for negligence of contracting, there will be many unfairness in practice. Therefore, it should be based on the breach of contractual obligations in the process of contracting as the basis for breach of contractual obligations and the loss of the parties, It shall assume the responsibility for contracting the contract; at the same time, the time limit for terminating the contracting fault shall be the time when the contract is established.