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悬赏在中国立法上属于无名合同,然理论界的主流观点却认为悬赏不是合同而是单方允诺,应规定在债法总则。悬赏确实与一般合同存在些许差异,但采单方允诺说也有缺陷。除定义外,单方允诺本身尚未形成、且很难形成通用规则,从立法技术的角度来看,越南民法典将悬赏作为有名合同规定在合同分则的做法值得借鉴。根据中国合同法总则及相关司法解释的有关规定,悬赏合同在要约的构成、生效、撤销,以及优等悬赏合同的成立等方面均与越南民法典有关悬赏合同的规定存在差异。
Reward In China’s legislation is anonymous contracts, but the mainstream view of theorists is that the reward is not a contract but a unilateral promise should be provided in the general principles of debt. There are some differences between the rewards and the general contract, but promises to be flawed by the unilateral party. In addition to the definition, the unilateral promises themselves have not yet been formed, and it is very difficult to form general rules. From a legislative technical point of view, the Vietnamese Civil Code will reward the practice of rewarded as a well-known contract under the contract. According to the general provisions of the Contract Law of China and the relevant provisions of judicial interpretation, there are differences in the provisions of the Reward Contract between the provisions of the Reward Contract of Vietnamese Civil Code and the composition, entry into force, cancellation of the offer, and the establishment of the premium reward contract.