试论合同履行原则的唯一性

Study on the Exclusive Nature of the Principle of Performance of Contract

合同履行原则是合同履行制度中的重要问题,但理论上分歧很大,有必要进一步研究。确立合同履行的原则,应当依照严格的法理进行。实际履行和协作履行都可以内化于全面履行原则之中,而诚实信用、情事变更、同时履行、经济合理、亲自履行等都不符合合同履行原则的标准,因而,合同履行原则具有唯一性。

As an important problem in the system of performance of contract, the principle of performance of contract has some divergences theoretically and needs further study. It should be established according to legal theory firmly. Cooperative and actual performance are implied by full discharge, while such principles as good faith, rebus sic stantibus, concurrent performance, economic and ration and so on don＇ t accord with the criterion of the principle of performance of contract. Therefore it possesses the exclusive nature.