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合同在民法学界上有债法上的合同、民事合同及债权合同三种理解。我国不同于其他国家法律,单独制定了合同法,即民事法律中的民事合同。此种合同一定程度上消除了以往将债法合同理解成债权合同等理论缺陷,有着重要的实践意义。本文主要从民事法律的角度出发,分析合同内涵及其在民法中的地位,从而便于更好地区分它与知识产权法、物权法等静态法。
Contract in the civil law scholars have a contract on debt law, civil contract and debt contract three kinds of understanding. My country is different from the laws of other countries, developed a separate contract law, that civil law civil contract. To a certain extent, this kind of contract has eliminated the theoretical defect that the debt-law contract was understood as the contract of debts, which has important practical significance. This paper analyzes the connotation of contract and its position in civil law mainly from the perspective of civil law, so as to make it easier to distinguish it from the static law such as intellectual property law and property law.