合同绿色义务的履行研究

Research on the Performance of Green Obligations in Contracts

合同绿色义务是合同当事人在履行合同时应当做到节约资源、保护生态环境的义务。《民法典》合同编中的三种绿色义务:合同附随义务、旧物回收义务以及绿色包装义务,回应了合同绿色化的时代要求。然而,绿色义务虽然在法律上得到了确立,却没有得到很好的落实,无法实现立法所期待的效果。民法理性经济人的角色定位导致合同当事人履行自觉不足,以及外在机制的缺失导致约束力度不够是其成因。为增强合同绿色义务的履行实效,推进其作用发挥,文章从合同当事人的约定、行政机关完善保障机制、立法机关弥补漏洞、司法机关增强适用四个方面展开讨论,促进合同绿色义务在实践中的履行。

The green obligation of a contract is the obligation of the parties to the contract to save resources and protect the ecological environment when performing the contract. The three types of green obligations in the Contract Part of the Civil Code: contract attachment obligation, old material recycling obligation, and green packaging obligation, respond to the requirements of the era of contract greening. Although green obligations have been established in law, they have not been well implemented and cannot achieve the desired effect of legislation. The role positioning of rational economic persons in civil law leads to insufficient awareness of contract parties’ performance, and the lack of external mechanisms leads to insufficient restraint. In order to enhance the effectiveness of the performance of green obligations in contracts and promote their role, this paper will discuss from four aspects: the agreement of the parties involved in the contract, the improvement of the guarantee mechanism by administrative organs, the filling of loopholes by legislative organs, and the enhancement of application by judicial organs, in order to promote the performing of green obligations in contracts in practice.