论英美法上的单诺合同和双诺合同——兼与杨祯教授商榷

Unilateral and Bilateral Contracts in the Common Law System

英美传统合同法理论以承诺的方式为标准,将合同分为“单诺合同”和“双诺合同”。这一分类被誉为“伟大的两分法”,是理解英美传统合同法的最佳路径。但由于存在着明显的缺陷,后被美国《统一商法典》和《第二次合同法重述》所放弃。近年来该分类及其相关理论在不少新型案件中得到频繁运用,大有再次繁荣之趋势。

According to the criterion of acceptance, contracts were classified into unilateral and bilateral ones under the traditional contract doctrine in common law. Such classification is referred to as the Great Dichotomy and is the best approach to the understanding of the case-law of contract. But due to its inherent shortcoming and weakness, the theory was discarded in the Uniform Commercial Code and the Restatement （Second） of Contracts. However, the concept of unilateral contract and the relevant theory have been applied in many new types of cases in American courts in recent years, and thus tend to flourish once again.