从东西法学文化的融合谈要约的法律性质

On the Legal Nature of Offer from the Integration of Eastern and Western Legal Culture

大陆法系以民事法律关系为核心的民法理论体系在中国业已形成 ,诸多英美法系的概念在合同法的立法过程中又被吸收到中国来 ,要约便是其中之一。这两者如何融合 ,使民法理论体系得以理顺 ,不但有理论意义 ,而且颇具现实意义。把要约定性为民事法律行为 ,可以使许多问题迎刃而解。

The civil legal relationship of Continental Legal System centered on civil legal relationship has been established in China, many concepts of British and American legal system was absorbed into China in the process of legislation of contract law, offer is one of them. How to combine these two and to coordinate the civil theoretical system is not only of great theoretical significance but also of practical importance. Many problems may be solved if offer is defined as a civil legal act.