统一合同法按照合同的效力将合同分为有效合同、无效合同和效力待定的合同。但是从合同法的理论和实践看,还存在着另一类合同,即成立未生效的合同,而成立未生效的合同正是我们平时了解不多、研究不够的一类合同。因此有必要从成立未生效合同的概念、性质和类型入手,采用比较分析的方法,对成立未生效合同的法律后果和实践中应注意的问题进行了研究。 According to the effect of the contract, the contract law divides the contract into effective contract, invalid contract and effective contract. However, from the theory and practice of contract law, there are still other types of contract, that is, the establishment of the contract does not take effect, and the establishment of the contract is not effective is that we usually do not know enough, not enough research on a class of contracts. Therefore, it is necessary to start with the concept, nature and type of establishing a non-effective contract. By means of comparative analysis, the legal consequences of establishing a non-effective contract and the problems that should be paid attention to in practice are studied.