民商事继续性合同要素解构论

源于德国民法理论并逐步发展而来的继续性合同概念随着社会的不断发展,逐步在社会经济生活领域和民商事法律领域被越来越多的学者加以关注。总体来说,我国理论界对于继续性合同相关问题的研究仍较为欠缺。但由于我国近年社会经济发展迅速,新的社会经济形式与关系不断涌现,仅依《合同法》一法之力想要解决所有的相关问题似乎有些力不从心。鉴于此,通过梳理继续性合同的构成要素与性质脉络,以相关要素的解析与综合来把握矛盾重点,以期为继续性合同的理论发展和现实问题的解决提供一定帮助。

Decomposing the Elements of Continuous Contracts in Civil and Commercial Arena

Originating from the civil law theories in Germany and evolving with the times, the concept of continuous contract has permeated through both social and economic realms, gradually gaining attention from more and more scholars in civil and commercial law areas. In general, research on continuous contract and related issues in the Chinese academia has yet been insufficient. However, with the burgeoning development of China both socially and economically, new socioeconomic forms and relations keep emerging, which renders inadequate the single Contract Law of the People＇ s Republic of China in addressing all civil and commercial problems that have arisen. In view of this, it is necessary to comb through the constituent elements and nature of continuous contract in order for it to provide certain help and reference for resolving both theoretical and practical issues facing the development of continuous contract in China.