流质约款的合理性论略

流质约款为国内外多数担保立法明确禁止,亦为我国民商法学界所否定。然而随着民法制度的不断构建,流质约款在体现意思自治、维护利益平衡等方面具有潜在的巨大优势。因此,学理和立法上对流质约款不应一概否定和禁止,而应当给予新的符合实际的科学态度。

A Brief Discussion about the Rationality of Fluidity Contract

Prohibited definitely by the security legislation in most countries abroad,fluidity contract is also denied in the academic circles of civil law in China.It has,however,advantages over such aspects as the embodiment of autonomy,the maintenance of a balanced interests,etc,with the development of civil law system.Therefore,this paper puts forward a scientific attitude toward the fluidity contract,in which the absolute denial against the fluidity contract in academic research and legal practice has been abando...