论《民法典》中的“不能实现合同目的”

Research on the Purpose of the Contract Cannot be Realized Section in Chinese Civil Code

合同目的具有主观与客观的二元结构。主观目的为合同当事人的缔约动机,客观目的即典型的交易目的,是给付的效果意思。合同目的不能实现的制度意义在于,合同系当事人基于某种目的而缔结,当该目的不能实现时即没理由继续维持,其本质就是给付的无益性。合同目的不能实现因应了合同解除制度的宗旨由对债务人的惩罚到使债权人从无益的合同拘束中解脱的变迁。我国民法理论与实践主要在客观目的的意义上进行认知,但这导致合同给付义务的内容与合同目的相等同,且不能涵摄所有合同目的不能实现的情形。合同目的不仅是给付义务的内容,还应定位为合同给付义务之外的利益,从而作为合同意义的存在前提。

Contract purpose has dual structure,subjective purpose and objective purpose.Subjective purpose is the contracting motive of contracting parties,and objective purpose is the transaction purpose,it is the effective intention of prestation.The institutional significance of the inability of a contract’s purpose is that the contract is concluded based on contracting parties’specific purpose,when the purpose cannot be realized,there is no reason to maintain the contractual relationship anymore,and its essence is the futility of payment.The standard of contract legal rescission of failure of contract purpose is consistent with the evolution of the purpose of contract rescission regulation,evolution from punishment of debtors to that creditors are freed from contractual constraints that are unprofitable to them.Chinese civil theory and practice mainly acknowledge the failure of contract purpose in the meaning of objective purpose,but lead to the sameness between the content of contract prestation obligation and contract purpose,it also cannot include all situations of failure of contract purpose.Contract purpose is not only the content of contract prestation obligation,but also should be positioned as the benefit outside the obligation of the contract,so as to be the precondition of the existence of the contract value.