缔约过失责任制度为民法上的一项重要制度,被誉为“法学上之发现”。缔约过失责任的法律基础,先后有三种看法:侵权行为说、法律行为说、法律规定说。后两者均有其缺陷,应以侵权行为作为其法律基础。在对其法律基础研究时应注意比较法的考察,重视英美法的规定和做法。 The contracting negligence liability system is an important system in civil law and is praised as “the discovery of law”. There are three different opinions on the legal basis for contracting a negligent act: infringement says that the legal act says that the law says. The latter two have their own defects and should take infringement as their legal basis. In the study of its legal basis should pay attention to comparative law inspection, emphasis on Anglo-American law provisions and practices.