【作者】 杨建乐；

【导师】 朱炎生；

【作者基本信息】 厦门大学 ， 法律， 2006， 硕士

【摘要】 合同生效问题是合同法学基本问题之一,也是民法学重要问题之一。长期以来,我国法学界对于合同效力、合同有效和合同生效这几个紧密关联问题的研究一直都没有停止过,并取得了很多成果,为推动我国的立法、司法事业和学术进步做出了应有的贡献;然而,在这个领域里仍有许多的问题不断引起人们研究的兴趣,引发热烈的讨论。本文试图通过对合同的效力、合同生效的意义、合同生效的标志等问题的分析以及合同生效与合同有效、条件与期限、生效期限与履行期限等概念的比较,说明在当事人之间设立债的关系是合同的效力之一,合同的生效意味着合同在当事人之间产生了合同之债的关系,合同之债的产生是合同生效的标志,并尝试对《合同法》规定的特殊合同的生效规则做出一些解释。希望对《合同法》的解释和完善以及对合同法学相关问题的研究有所裨益。第一章通过对合同效力概念的分析,提出在当事人之间设立债的关系是合同的效力之一的观点;第二章对合同的有效和合同的生效进行比较,认为合同的有效是一个价值判断问题,而合同生效是一个事实判断问题,说明合同的有效和合同的生效是两个不同的概念;第三章讨论合同生效的标志问题,合同具有在当事人之间设立债的关系的效力,合同生效意味着在当事人之间产生了债的关系,反过来合同之债的产生也标志着合同的生效;第四章尝试对《合同法》规定的特殊合同的生效规则进行解释。更多还原

【Abstract】 The question of becoming effective of the contract is one of the basic problems in science of the contract law, it is one of the important problems of science of civil law too. In our country, law scholars have been studying about effect of the contract, validity of the contract and becoming effective of the contract constantly, and have made many achievements to promote the progress of legislation, judicial cause and law academy. However there are still many topics attracting people’s interest to study continually, and they always cause warm discussion.Here, by analyzing concepts such as the effect of contract and becoming effective of the contract, comparing concepts such as condition and limitation of time, becoming effective and valid, time of commencement and limitation of time of performance, the author is tying to present some interpretations concerning the becoming effective rules of special contracts in the Law of Contract, gives a view point that setting up the relationship of debt between the parties of the contract is a part of the effect of the contract and setting up the relationship of debt between the parties is the sign of the contract becoming effective, wishes this would be beneficial to the explanation, perfection of the Law of Contract and study on relevant problem of science of the contractChapter one gives a view point that setting up the relationship of debt between contracting parties is a part of the effect of a contract by analyzing the concept effect of the contract; Chapter two tries to explain that becoming effective of the contract and validity of a contract are quite different though comparing the concepts becoming effective and validity of the contract; Validity of the contract belongs to value judgment, and becoming effective of the contract belongs to fact judgment; Chapter three discusses the sign of becoming effective of a contract. Setting up the relationship of debt between the contracting parties is a part of the effect of the contract, and a contract becoming effective means set up the relationship of debt between the parties; On the contrary, the relationship of debt of contract having been set up marks a contract having become effective; Chapter four presents some interpretations about the becoming effective rules of special contracts in the Law of Contract.更多还原