缔约过程中的信息披露义务
发布时间：2018-10-22 15:48
【摘要】：在缔约过程中，一方当事人经常出于对自身利益的考量而隐匿订立合同相关信息,这种隐匿信息的行为不利于提高合同交易的经济效率，不利于增加社会福利,同时也会给合同相对方带来极大的缔约风险。针对此种情形，近现代英美合同法学者主张缔约阶段合同当事人负有一定的信息披露义务，但对于何种信息应该披露，披露信息的边界和标准如何确定，，学界存在“合理第三人标准”、“经济分析标准”、“合理期待标准”等诸多学说。笔者认为基于目前我国法治环境，“合理期待标准”更为契合缔约过程中的信息披露义务，也就更具有参考价值。另外，信息披露义务的履行必须严格遵守其标准和范围；不履行信息披露义务的一方可能会给相对人造成损失，此种损失应由信息隐匿方承担相应的缔约过失责任。 在导论中，通过案例分析，文章指明缔约信息披露义务的重要性及披露义务边界与范围界定之必要性。文章正文的第一部分主要简述信息披露义务的来源。第二部分则着力探讨缔约过程中信息披露义务的履行，主要内容涉及对何种信息应予以披露，披露义务的履行之标准、履行的条件以及履行的时间。文章第三部分主要探讨违反信息披露义务的影响及其责任承担。 结语总结并厘清前述主要内容，最后点明目前在我国，“合理期待”比较契合当前法治环境下的信息披露义务。
[Abstract]:In the process of contracting, a party often conceals the relevant information of contract conclusion out of consideration of his own interests, which is not conducive to improving the economic efficiency of the contract transaction and increasing social welfare. At the same time, it will bring great contracting risk to the relative party of the contract. In view of this situation, the modern Anglo-American contract law scholars advocate that the contracting parties should have a certain obligation to disclose information, but for what kind of information should be disclosed, how to determine the boundary and standard of disclosure information. There are many theories in academic circles, such as reasonable third party standard, economic analysis standard, reasonable expectation standard and so on. The author thinks that based on the current legal environment of our country, "reasonable expectation standard" is more in line with the obligation of information disclosure in the process of contracting, and it has more reference value. In addition, the performance of the obligation of information disclosure must strictly abide by its standard and scope; the party who fails to perform the obligation of information disclosure may cause losses to the relative party, and such loss should be borne by the party that conceals the information. In the introduction, through case analysis, this paper points out the importance of the obligation of disclosure of information in contracting and the necessity of defining the boundary and scope of the obligation of disclosure. The first part of the text describes the source of information disclosure obligations. The second part focuses on the implementation of information disclosure obligations in the process of contracting. The main content involves what kind of information should be disclosed, the standard of disclosure obligations, the conditions of performance and the time of performance. The third part mainly discusses the influence of violating the obligation of information disclosure and its responsibility. The conclusion summarizes and clarifies the above main contents, and finally points out that at present in our country, "reasonable expectation" accords with the obligation of information disclosure under the current environment of rule of law.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D923.6
本文编号：2287594
[Abstract]:In the process of contracting, a party often conceals the relevant information of contract conclusion out of consideration of his own interests, which is not conducive to improving the economic efficiency of the contract transaction and increasing social welfare. At the same time, it will bring great contracting risk to the relative party of the contract. In view of this situation, the modern Anglo-American contract law scholars advocate that the contracting parties should have a certain obligation to disclose information, but for what kind of information should be disclosed, how to determine the boundary and standard of disclosure information. There are many theories in academic circles, such as reasonable third party standard, economic analysis standard, reasonable expectation standard and so on. The author thinks that based on the current legal environment of our country, "reasonable expectation standard" is more in line with the obligation of information disclosure in the process of contracting, and it has more reference value. In addition, the performance of the obligation of information disclosure must strictly abide by its standard and scope; the party who fails to perform the obligation of information disclosure may cause losses to the relative party, and such loss should be borne by the party that conceals the information. In the introduction, through case analysis, this paper points out the importance of the obligation of disclosure of information in contracting and the necessity of defining the boundary and scope of the obligation of disclosure. The first part of the text describes the source of information disclosure obligations. The second part focuses on the implementation of information disclosure obligations in the process of contracting. The main content involves what kind of information should be disclosed, the standard of disclosure obligations, the conditions of performance and the time of performance. The third part mainly discusses the influence of violating the obligation of information disclosure and its responsibility. The conclusion summarizes and clarifies the above main contents, and finally points out that at present in our country, "reasonable expectation" accords with the obligation of information disclosure under the current environment of rule of law.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D923.6
【参考文献】
相关期刊论文 前2条
1 姜淑明;先合同义务及违反先合同义务之责任形态研究[J];法商研究(中南政法学院学报);2000年02期
2 焦富民;论我国缔约过失责任制度的发展与完善[J];法学论坛;2002年06期
本文编号：2287594
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