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对价理论始于英美法上的赠与合同,但对价明显不同于赠与,也有别于中国传统法律理念中与交易密切联系的对等偿付。本文从比较法的视角考察了对价理论的历史渊源和具体构成。
The theory of consideration begins with the contract of giving in Anglo-American law, but the consideration is obviously different from giving. It is also different from the reciprocal payment of the close relationship with the transaction in the traditional Chinese legal concept. This article examines the historical origins and the specific structure of the consideration theory from the perspective of comparative law.