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合同相对性原则,作为合同法体系中最基本的原则,无论是在实体法、还是在程序法中都发挥着极其重要作用。但是伴随着社会的不断发展,它的弊端也日益暴露了,现如今严格遵守合同相对性原则,已经不能够完全应对不断出现的各种纷繁复杂的法律问题。基于这种情况,世界各国逐渐开始立法承认合同相对性原则的例外情况。比较常见的例外主要分为以下具体类型:1.第三人利益合同;2.租赁关系的逐渐物权化;3.合同保全制度的确定;4.第三人侵害债权。我国立法和司法实践中对合同相对性原则例外规则也有相关规定,主要体现在合同保全制度、“买卖不破租赁”和第三人利益合同等方面。虽然不充分,但是这些突破性规定的意义却是巨大的,它不仅具有实体价值、程序价值,而且对实现社会的正义价值与社会秩序价值也大有裨益。但,遗憾的是,我国立法方面对合同相对性原则例外的规定仍然很不完善,立法机关没有给予足够的重视,在很多方面并没有作出明确、具体的规定。
The principle of contract relativity, as the most basic principle in contract law system, plays an extremely important role both in substantive law and procedural law. However, with the continuous development of society, its drawbacks are increasingly exposed. Nowadays, strict compliance with the principle of contractual relativity can no longer completely deal with the ever-changing and complicated legal issues. Based on this situation, all countries in the world have gradually begun to make exceptions to the principle of legislation that recognizes the relativity of contracts. The more common exception is mainly divided into the following specific types: 1. Third party interest contracts; 2. Gradual realignment of leasing relationships; 3. Determination of the contract preservation system; 4. Third party infringement of claims. In our country’s legislation and judicial practice, there are also some relevant provisions on the principle of contractual relativity, which is mainly reflected in the contract preservation system, the contract of sale and purchase without leasing and the contract of third party interest. Although not sufficient, the significance of these breakthrough provisions is enormous. It not only has substantive value and procedural value, but also greatly benefits the value of social justice and social order. However, regrettably, the stipulations on the principle of contract relativity in our country are still not perfect in legislation, and the legislature fails to pay enough attention to it. In many aspects, it has not made clear and specific provisions.