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从形式上,承诺可区分为明示和默示两种方式。以默示承诺方式订立的合同在现实中大量存在,因此确立默示意承诺的相关规则有着重要的法律意义,亟需在传统意思表示理论的框架内对其进行必要的类型化分析,以冀澄清有关误识,并有助于法律之适用。我国《合同法》确定了默示承诺的基本规则,仍有进一步检讨和完善的余地。
In formal terms, promises can be divided into explicit and implicit ways. The contracts concluded by means of implied commitment exist in a large amount in reality. Therefore, it is of important legal significance to establish the relevant rules of implied commitment. It is urgently necessary to classify them in the framework of traditional theory of meaning representation in order to clarify Misunderstandings, and contribute to the application of the law. China’s “Contract Law” has established the basic rules of implied promises and there is still room for further review and improvement.