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罗马法学家对要物合同范畴的提炼一方面是以消费借贷为基础的,另一方面是以该范畴与其他合同范畴的不同为依据的。这两个参考因素带给我们这样的理论认知,要物合同的硬核为协议加给托付物。协议是其目的性要素,“给”是其产生根据,“托付物”是其产生背景。正因此,其典型类型是消费借贷、使用借贷、寄托与质押,无名合同不是真正的要物合同。在界定要物合同时,认为以完成其他给付为成立要件的合同也是要物合同是反历史的。
Roman jurists refine the scope of the contract of material property on the one hand, on the basis of consumer loans, on the other hand, on the basis of the difference between this category and other categories of contracts. These two reference factors bring us the theoretical understanding that the hard core of the contract should be added to the trust as an agreement. Agreement is the purpose of its elements, “to ” is the basis for its production, “entrusted things ” is its background. Because of this, the typical types are consumer loans, the use of loans, sustenance and pledge, and the anonymous contract is not a true material contract. In defining the contract of choice, it is also anti-historical that a contract that is essential for the fulfillment of other payments is also a contractual one.