承揽合同与买卖合同的性质辨析

Nature Discrimination between the Contracts for Work and the Sales Contracts

承揽合同与买卖合同性质不同,但又有很大的相似性,在实践中混同使用的现象很常见。合同合意是民事法律行为成立的关键要素。合同合意对于合同性质的准确理解和把握发挥着重要的作用。从分析两种合同的基本特征入手,以"合意"为切入点,理清承揽合同与买卖合同在一般民事行为中使用的差别,指导社会经济活动中正确合同类型的选定。

Though the contracts for work and the sales contracts have different natures, they also have great similarities, both of which are commonly confused with each other in practice. The mutual assent on the contract is a key element in the establishment of civil legal action, which also plays an important role in accurately understanding and grasping the nature of the contract. This thesis, starting from analyzing the basic characteristics of the two types of contracts, with ＂mutual assent＂ as the entry point, sorts out the differences between the contracts for work and the sales contracts in general civil acts and gives guidance to correct selection of the type of contract in socio-eeonomic activities.