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在英美合同法领域,存在着很多优秀的法学家,他们都为英美两国的市场经济迅速发展、交易体制完善作出了卓越的贡献,塞缪尔·威利斯顿就是其中的一员。选择他作为研究对象,主要是出于三个方面的原因:其一,他所主张的合同客观主义理论,促使他反对无限的合同自治,反对主观主义虚幻的、难以把握的意志论;其二,他作为一个形式主义者,在合同客观理论的指导下,使他在治学方法上既具有古典形式主义者的特征,又具备新形式主义者的优点;其三,他的几个合同法经典理论涉及合同法学的几个最重要、最本质的领域,对此后合同法学的发展起着举足轻重的作用。
In the field of Anglo-American contract law, there are many excellent jurists who have made outstanding contributions to the rapid development of the market economy and the improvement of the trading system in the United States and Britain. Samuel Williston is one of them. The reason for choosing him as the research object lies mainly in three aspects: First, the theory of contract objectivism advocated by him urges him to oppose unlimited contract autonomy and opposition to illusory and hard-to-grasp wills of subjectivism; secondly, Under the guidance of the objective theory of contract, he, as a formalist, made him not only have the characteristics of the classical formalists but also the advantages of the neo-formalists in the methodology of his scholarship. Thirdly, some of his classical theory of contract law The most important and essential fields involving contract law are the pivotal roles in the development of contract law.