合同的相对性及合同法发展对其影响

The Relativity of Contracts and the Influence by the Development of Contract Law

合同的相对性规则是合同制度建立的基础和前提,一直被大陆法系和英美法系所确认。此规则包括了广泛内容,主要可以从合同法律关系的主体、内容和责任三个方面去理解。随着合同法的发展,合同相对性规则在很多情况下被突破。

The relativity principle is the base and precondition on which contract system built. It has been recognized by the mainland of China law system and western law system. This system includes wide content, which can be understood from three aspects the main body, content and responsibility of law relationship of contracts. With the development of contract law, the contract relativity principle has been broken under many conditions.