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履行不能分类有很多种,其中自始履行不能因多种原因还未有定论。自始主观履行不能和自始客观履行不能的分类可以进行学理探讨,同时还有德国民法典的相关规定可以对此理论进行修正理解,我国的《合同法》及《民法通则》对此无具体规定,本文试在现行法范围内对自始主观履行不能和自始客观履行不能对合同效力的影响进行初步分析。传统大陆民法和当代合同法对此的立场有所不同,但我国合同法吸收了当代合同法最新成果,故不存在修正的紧迫性
There are many kinds of performance can not be classified, of which performance from the beginning can not be determined for a variety of reasons. Since the beginning of subjective fulfillment can not and from the beginning can not objectively classify can carry out academic research, as well as the relevant provisions of the German Civil Code can be amended to understand this theory, China’s “Contract Law” and “Civil Law” no specific This article tries to make a preliminary analysis of the impact that the subjective fulfillment can not and the objective fulfillment from the beginning can not have on the validity of the contract within the scope of the current law. Traditional civil law and contemporary contract law differ in their positions, but the contract law of our country absorbs the latest achievements of contemporary contract law, so there is no urgency for revision