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在我国现有的法定主体制度之外,新兴主体模式在不断地涌现和发展。合作合同在实践运用中不断成熟,其符合了当事人对主体组织形式的特定需求,即要求该组织的结合程度正好处于“一般契约关系”与“合伙、联营关系”之间。以当事人对该合同关系的功能需求为分类标准,合作合同在现实的交易模式中呈现出三种类型:承包型合作合同、联营型合作合同、租赁型合作合同。通过合作合同的类型化研究,可以提取出合作合同的构成要件与其特有的适用规则。合作合同已经具备了向有名合同转化所需要的足够典型性。
In addition to the existing legal subject system in our country, emerging subject models are constantly emerging and developing. The cooperation contract is maturing in practice and accords with the specific needs of the parties in the form of the main body organization, which requires the organization to be integrated just between the “general contractual relationship” and the “partnership, affiliation”. Taking the functional requirements of the parties involved in the contract as the classification criteria, the cooperative contract presents three types in the actual transaction pattern: contracted cooperation contract, joint-venture cooperation contract and lease-based cooperation contract. Through the study of the type of cooperation contract, the constituent elements of the cooperation contract and its applicable rules can be extracted. Cooperative contracts already have enough of the typical conversions required to contract.