沉默原则上并不构成意思表示。作为例外情形,当事人得约定沉默具有特定含义。同时,制定法中也存在若干将沉默拟制为意思表示的规定。此外,在具体情形中,根据商事习惯或诚实信用原则,沉默同样有可能被视为意思表示。当作为意思表示的沉默出现错误时,能否以及如何适用有关意思表示撤销的规定,则因其类型的不同而有所区别。在国际法律交易中,就沉默情形的判断而言,《联合国国际货物销售合同公约》和欧盟《罗马条例I》值得特别关注。 Silence in principle does not constitute a meaning. As an exception, the parties have agreed to silence has a specific meaning. At the same time, there are also some stipulations in the statute law that silence should be formulated as meaning. In addition, in the specific case, silence may also be treated as meaning according to the principle of good business practice or good faith. When there is an error in the silence of meaning, the rules on whether and how to apply the withdrawal of meaning mean that they differ according to their type. In international legal transactions, the United Nations Convention on Contracts for the International Sale of Goods and the EU’s “Rome Regulation I” deserve special attention in terms of silence.