论虚拟企业对现行合同法的冲击

Impacts of Virtual Organizations on Present Contract Law

虚拟企业是近几年才出现的一种新的企业组织发展模式,并日益成为21世纪制造业的一大发展趋势。随着这一新事物的不断发展,给现行合同法带来了极大的挑战。文章就此对合同自由原则和无名合同的相关规定提出了若干置疑,并提出以构建契约实体的方式来界定虚拟企业的法律本质,同时也建议对合同法相对自由原则作适当的扩大,而对无名合同也应有明确性规定。

The virtual organization, a newly developed model for the company organization, has appeared in the recent years and is becoming a new trend in the development of the manufacturing industry in the 21st century, which has posed a great challenge to the Contract Law in our country. This paper questions some of the regulations on the contract freedom principle and the innominate contract and suggests that the legal nature of virtual organizations should be defined by means of contract entity, that the contract freedom principle should be expanded and determinate reguahions on the innominate contract should also be given.