论合同成立与合同生效——兼论合同法对合同效力的其他规定

从合同法理论上对合同成立和合同生效的关系进行探讨,分析了合同成立的几种情形及合同生效应具备的条件;着重研讨处于合同成立到合同效力未确定状况的三种类型的合同.即附条件的合同和附期限的合同、当事人享有变更或者撤销权的合同、效力未定合同的特征和具体情形,在这一部分提出一些自己的观点.

On the Validity and Implementation of Contract

This paper, according to the theory of contract law, is mainly about the relationship between the establishment of contracts and the effectiveness of contracts, which analyse the several circumstances of the establishment of contracts and the conditions of an effective contract. This paper focuses on the characteristic and the specific contents of the three types of contracts whose effectiveness is indefinite but the contracts have been established:the contract with entry into force conditions and the contract subject to the effective time period; the contract that can be modified or revoked by the parties; the contract whose effectiveness is indefinite.