合同相对性原则及其新发展

合同相对性原则是两大法系的合同法中一条共用的重要原则,但随着商品经济的发展和市场经济体制的建立与完善,合同相对性原则已在许多交易领域变得力不从心,严重影响了社会交易的效率和安全.为此,世界许多国家都对该原则作出了很多例外规定.本文主要立足于中国合同法立法现状,在分析借鉴两大法系其他国家合同立法先进成果的同时,为完善我国合同立法提出了几点建议.

On the Relativity Principle of the Contract and Its New Development

The relativity principle of the contract is an important principle of contract law, but with the development and setting-up and perfection of the market economic system of commodity economy, the relativity principle of the contract has already become unable to do what one wishes in a lot of trade fields. As a rusult, many countries have made a lot of exceptional regulations to this principle. While this thesis bases on Chinese contract law mainly and draws lessons from other countries' contract law , it puts forward some suggestions in order to perfect the contract law of our country.