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合同的相对性是整个合同法制度和理论的基础之一,是合同法上的一项古老的规则。虽然合同制度在大陆法系和英美法系中均体现出相对性的基本特征,但是,随着市场经济的飞速发展和交易的普遍繁荣,这一理论有所发展和突破。为了适应交易繁荣的需要,世界各国在立法上或实践中相继对相对性规则作出了不同程度的突破,并在立法及司法实践中从现实考虑也予以确立和承认。因此,我国的民事立法和司法也应顺应这一趋势。
The relativity of contracts is one of the foundations of the whole contract law system and theory. It is an ancient rule of contract law. Although the contract system reflects the basic characteristics of relativity both in the civil law system and in the common law system, this theory has been developed and exceeded with the rapid development of market economy and the general prosperity of transactions. In order to meet the needs of transaction prosperity, all countries in the world have successively made some breakthroughs in the relative rules in their legislation or practice, and have also established and recognized from the reality in the legislative and judicial practice. Therefore, our civil legislation and judiciary should also follow this trend.