我国合同法自1999年出台以来,第51条就“备受关注”。作者在准备本文写作的过程中,对相关资料之铺天盖地感到惊讶。一一读来,其实无非两种态度,或者为51条的适用作解释与辩解,或者斥责51条的缺陷并提出新的立法主张。作者自知在此问题上水平有限,且不想盲从,也无心炮制什么宏篇大作,故本文仅就作者在查阅资料过程中产生的一些疑问展开探讨。 Since the introduction of contract law in China since 1999, article 51 has been “closely watched”. The author was surprised by the overwhelming information in preparation for the writing of this article. Reading one by one, in fact, is nothing more than two kinds of attitude, or for the application of 51 to explain and excuse, or to blame 51 flaws and put forward new legislative ideas. The author knows that there is a limited level on this issue, and he does not want to blindly follow and does not concentrate on making any grand masterpiece. Therefore, this article only discusses some of the questions that the author has come through during his access to information.