摘要
厘清《合同法》中的"合同"概念,关乎界定合同法的适用范围,有助于更好地运用法律发展市场经济,为制定统一的民法典奠定基础。本文认为"合同"的概念是有限的,即设立、变更、终止债权债务关系的合意。
To clarify the concept of ＂contract＂ in the ＂Contract Law＂, which is related to the scope of application of the con- tract law and will help to develop the market economy as well as lay the foundation for the unification of the civil code. In this paper, the concept of ＂contract＂ is limited, that is, the establishment, change, relationship termination of creditor＇s rights and obligations.
关键词
财产性
债权债务
平等主体
property
creditor＇s rights and debts
equal subjects
