论《合同法》中的合同目的

On the Aim of the Law of Contract

“合同目的”在《合同法》中具有特定的法律意义。订立合同时,合同目的之性质是否合法决定了合同效力的有无,合同履行时,合同目的之实现与否影响了合同的解除权的产生与否。但是在强调合同目的的法律意义的同时,必须严格将合同目的区别于合同内容与合同动机,准确把握合同目的的含义与特点,并运用在合同法的各项具体制度中。

The aim of contract in the Law of Contract has its special significance. When a contract is made, whether the nature of the aim of contract is lawful decides on the effectiveness of the contract; and when the contract is carried out, whether the aim of the contract is realized has some effect on the emergence of the right of removal of the contract. However, when the significance of the aim of the contract is emphasized, the aim of the contract must be distinguished from the content and the motivation of the contract, so that the connotation and characteristics of the contract can be grasped and used in the specific systems of the contract.