论我国《合同法》对合同相对性原则的维护与突破

On Contract Law Maintaining And Surmounting Relativity Principal of Contracts

随着近代社会的工业文明和市场经济秩序的建立,作为合同关系赖以建立的基础相对性原则日益受到现实的挑战和冲击,通过对相对性原则产生的历史渊源、制度价值的考察,来论述现实中一些似乎突破这一原则的立法实质上并非是对此原则的根本否定,而是作为一种修正,使这一原则更具适应性和现代性的需要。对实质正义和社会妥当性的最终追求正是二者能够达成和谐统一的内在根据。

With the development of modem industry and establishment of market economic order, the relativity principal, which is the base of contract relationship building, is gradually challenged and shocked by the reality. From the point of its historic roots and system value, the author elaborates that some legislations, which seemed to surmount this principal, didn＇ t negate it. Instead,it is an amendment which can be adapt to the modem society.