论文部分内容阅读
什么是合同,合同是一种协议或合意,其精髓是一种意思自治,是由两个以上的人在地位平等的基础上,自由真实地表达自己的意思并最终达成一致的意思表示。现代契约的精神来自罗马法,查士丁尼在《法学总论》中写道:“契约是由于双方意思表示一致而产生相互间法律关系的一种约定。”[1]我国《民法通则》第85条规定:“合同是当事人之间设立、变更、终止民事权利义务关系的协议。”婚姻则符合合同的本质特点,在我国婚姻的主体是男女双方,其在平等自由的基础上,建立一个家庭经济体,同时对有关家庭抚养、财产管理、照看自由的部分达成一致的协议。[2]双方一旦达成协议,就在夫妻双方之间产生相应的权利义务关系,并在不违背法律规定的基础上变更、终止权利义务关系,这些都与合同的本质相契合。说明现代人们的婚姻,从缔结至接触均以婚姻主体的内心意愿为发生、变化的依据,婚姻当事人主体的意思表示贯彻婚姻的始终。
What is a contract? A contract is a kind of agreement or agreement. Its essence is a kind of autonomy of purpose. It is a signified intention of two or more people freely and truly expressing their meanings based on equality of status. The spirit of the modern contract comes from the Roman law, and Justinini wrote in General Law Review: “A contract is an agreement that gives rise to mutual legal relations because the two parties agree in meaning.” [1] Article 85 stipulates: “The contract is an agreement between the parties to establish, change, terminate the relationship of civil rights and obligations.” "Marriage is in line with the essential characteristics of the contract, the main body of marriage in China is both men and women, on the basis of equality and freedom , Establish a family economy and at the same time agree on a section on family rearing, property management and care-free. [2] Once both parties reach an agreement, they have the corresponding rights and obligations between the couple and change and terminate the rights and obligations on the basis of not violating laws and regulations, all of which are in line with the nature of the contract. Explain the modern people’s marriage, from the conclusion to the contact are the innermost will of marriage as the basis for the occurrence and change, the main body of the marriage party means the implementation of the marriage has always been.