论文部分内容阅读
合同法是以合同债权请求权为核心、以形成权、抗辩权等权利群为对造构成的合同权利规范体系。合同案件的推理与分析实质是按照合同权利的逻辑构造关系递进展开的,本文将其概括为合同案件分析的五个步骤。在这五个步骤的安排下,我们得以对合同案件所涉及的重要法律事实和权利关系进行全面周到地审查,这是实现交易秩序和法治的思维形式保障。
Contract law is based on the right to claim the contract as the core, right to form the right, the right of defense and other right groups for the construction of the system of contractual rights norms. The reasoning and analysis of the contract cases are carried out progressively in accordance with the logical constructive relationship of the contractual rights. This article summarizes the five steps of the contract case analysis. With these five steps, we can conduct a comprehensive and thorough examination of the important legal facts and rights involved in the contract case, which is the form of thinking that guarantees the order and the rule of law.