略论合同约束力的层次性

On layers of contract binding force

合同的约束力有三个层次:社会约束力;一般法律约束力;特别法律约束力。凡是成立的合同都具有第一层次的约束力;依法成立但未生效的合同具有一般法律约束力;依法成立并即时生效的合同具有特别法律约束力。约束力的层次是递进关系,高层次包含低层次。

The binding force of the contract contains three layers： social binding force; general binding force; and special binding force. All the established contracts have the first layer of binding force; the contract that is established by law but doesn＇t produce effect has the general law binding force; the contract that is established by law to produce effect immediately has the special legal binding force. The layer of the binding force has the ascending relationship, that is, the high layer includes low layer.