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合同成立存在法律上的二重性,即存在依法成立和非依法成立之分。依法成立是合同生效的前提,依法成立的条件也就是合同生效的条件,符合此条件的合同才完全有效,具有充分的法律效力,属于双方或多方法律行为。而非依法成立的合同也属于合同,但是由于产生其效力瑕疵的原因不同,该类合同包括无效合同、可撤销合同及效力未定合同。
The establishment of the contract is legally dual, that is, there are points established by law and established by law. The establishment of a legal contract is a precondition for the entry into force of the contract. The conditions established by law are also the conditions for the entry into force of the contract. The contracts that meet these conditions are fully valid and have full legal effect and belong to two or more legal acts. Contracts that are not legally established also belong to the contract, but due to different causes of their validity flaws, such contracts include invalid contracts, cancellable contracts and effective contracts.