信阳师范学院学报:哲学社会科学版2012,Vol.32Issue(5):36-40,5.
要物合同立法的比较法考察——以近现代模范民法典为考察对象
The Comparative Study of the Provision of Real Contracts in the model modern civil codes and its Inspiration
摘要
Abstract
Through the comparative study of many civil codes of different Country or district which has a different ideology and the residents of which have a different religion, we ean know that there is no foundation of the opinion that real contracts decline. But the precedent of legislation appears that real contracts conflict with private autonomy. Accordingly, it should be given a persuasive answer to the problem that it really exists a conflict or not. With regard to the cordlict above, it is suggested that we dont blindefuIly confirm it and argue to abolish real contracts to solve such problem, and should carefully think of the reason that why the conflict emerges and the real contract have been reserved till now,关键词
民法典/要物合同/合意主义Key words
civil code/real contract/consensualism分类
社会科学引用本文复制引用
蒋军洲..要物合同立法的比较法考察——以近现代模范民法典为考察对象[J].信阳师范学院学报:哲学社会科学版,2012,32(5):36-40,5.基金项目
河南工业大学高层次人才科研启动基金项目 ()