《民法典》第160条(附期限法律行为)评注

Commentary to Article 160 of the Civil Code(Juristic act Subject to Terms)

《民法典》第160条承认当事人享有对法律行为附加期限的自由。期限具有未来性和必至性。生效期限和终止期限是我国实证法规定的期限类型。以期限事实是否于确定的时点发生为标准,期限还可以分为确定期限和不确定期限。抵销权、撤销权、解除权等形成权的行使行为、指定继承人的遗嘱、亲属法上的非财产性法律行为等,依其性质不得附期限。当事人在期限到来之前享有期待权。附生效期限的法律行为,自期限届至时生效。附终止期限的法律行为,自期限届满时失效。当事人不得依其意思赋予期限到来以溯及力。

Article 160 of the Civil Code provides that parties have the freedom to add a term as to the effectiveness of the juristic act. The term has two features: it has to be in the future,and it should be certain to happen.The positive law of our country regulates two kinds of terms: initial term and final term. Based on whether the time on which the fact the term refers to is certain or not,the term itself can be classified as a certain term or an uncertain term. Terms cannot be added to some kind of juristic acts because of their peculiar nature,such as to the exercise of the right to offset,the right to revoke,the right of cancellation and so on,as well as to juristic acts such as the will to designate a heir,and juristic acts related the personal rights in the area of family law,etc. Parties have the right of legitimate expectation until when the term expires. A juristic act subject to an initial term is producing its effect since when the term expires. A juristic act bearing a final term will be effective until when the term expires. The will of the parties cannot provide the expiration of the term with retrospective effect.