论合同的成立与生效

On the Establishment and Effectuation of Contract

合同的成立与生效是两个既有联系又有区别的概念。一般来讲,合同生效的起始时间不能脱离合同成立的时间而独立确定,在绝大多数情况下,合同成立的时间也就是合同生效的时间。

Both the establishment and effectuatim of contract are associated, but also different. Generally, starting time of the commencement of contract cannot be divorced from the time of the establishment of contract, also, in the vast majority of cases, the time of the establishment of contract is the time of the commencement of contract.