《民法典》中买卖合同的准用规则探究

Study on Applicable Rules of Sales Contract in Civil Code

《民法典》中买卖合同的准用规则是针对买卖合同提出的、供执法者进行参照适用的可延伸性准则,其在规定的法律框架内具有一定的灵活性,能够在一定程度上解决不同类别买卖合同案件的判定问题。文章通过探究《民法典》中买卖合同准用规则可知,准用规则参照适用的特征使其具有一定程度的主体假设偏差的先天障碍、法律解释难题的后天障碍等困境。基于此,提出应用情势变更原则、制定统一标准等策略,优化买卖合同准用规则的运用方式。

The applicable rules of sales contracts in the Civil Code are the extension criteria for the law enforcement to refer to and apply to the sales contracts. They have certain flexibility within the prescribed legal framework and can solve the problem of judging different types of sales contracts to a certain extent. By exploring the applicable rules of sales contracts in the Civil Code,it can be seen that the characteristics of reference application make applicable rules have the congenital obstacles of subject hypothesis deviation and the acquired obstacles to legal interpretation to a certain extent. Based on this, strategies such as the application of the principle of change of circumstances and the formulation of unified standards are proposed to optimize the application of the applicable rules of the sales contract.