孟加拉合同效力法律规制述评

Review on the Validity of Legal Regulations of Bengalese Contract Law

随着中资企业主动融入国家"一带一路"倡议,不断增大对沿线国家的投资,在取得喜人成绩的同时,也遇到了一些问题,特别是对沿线国家的法律不了解,影响了双方的合作。熟悉了解各国相关法律,特别是与经济合作关系密切的合同法已成当务之急。孟加拉作为沿线国家中重要一环,是中资企业遭遇法律障碍较多的国家,有必要深入研究其合同法。由于高度移植印度合同法,孟加拉合同法在效力方面的规定有不少与大陆法系和英美法系合同立法原则不同之处,尤其是对于要约和承诺的生效原则、未成年人签署合同的效力问题,均有值得深入研究的实质差异。同时,对于条件合同和无效合同,孟加拉合同法虽然和我国一样秉承意思自治原则为主导,但对于所附条件的形式和实质内容以及合同无效之规定却颇有迥异。

Along with Chinese enterprises positively blending in the Belt and Road Initiative, China has constantly increased investment in the countries along the routes and obtained some great achievements. But at the same time, there have some problems occurred, which cause some bad effects on bilateral cooperation, especially when these countries＇ laws are unfamiliar to China. Therefore, making good understanding of partner countries＇ laws, particularly contract laws which share a close relationship with economy, is the top priority at the present. Bangladesh is one of the most important partners among the countries along the routes, but its laws cause considerable inconvenience to Chinese enterprises. Thus, it is necessary for China to study Bengalese laws. And because of highly transplanting Indian contract law, Bengalese contract law has many differences in the regulations of law validity when comparing with Chinese and Anglo-American law system, especially its effectiveness principles related to offers and promises, as well as underage contracts. All these essential differences require intensive study. Meanwhile, in terms of conditional contract and invalid contract, Bengalese contract law shares the same autonomy principle as China＇s, but the form and context of its attached conditions, together with its regulations about contract invalidity, are quite different.