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一、合同和合同法的概念(一)合同的概念合同,一般称契约,是两个或两个以上当事人之间,为实现一定的利益目的,明确相互权利义务关系的协议。在我国,理论上将合同分为经济合同和一般民事合同。经济合同主要是指双方当事人为满足社会生产需要的目的而签订的合同,而一般民事合同主要是指以满足公民生活需要为目的签订的合同。但不论是经济合同还是一般民事合同,都具有如下特征:1.合同是双方当事人协商一致的结果。无论是什么样的合同,都是发生在双方或多方当事人之间的一种法律关系。这种关系的形成是经过了多次的协商并达成了一致的意见,即各方当事人意思表示一致的结果。马克思在《资本论》中对合同的实质作了精辟的论述:“一方只有符
I. CONCEPT OF CONTRACT AND CONTRACT LAW (I) CONTRACT CONCEPT A contract, generally called a contract, is an agreement between two or more parties to clarify the relationship of mutual rights and obligations for the purpose of achieving certain benefits. In our country, the contract is theoretically divided into economic contracts and general civil contracts. Economic contracts mainly refer to the contracts signed by both parties for the purpose of meeting the needs of social production. Generally, civil contracts refer to contracts signed for the purpose of satisfying the needs of citizens. However, whether it is an economic contract or a general civil contract, all of them have the following characteristics: 1. The contract is the result of the consensual agreement between the parties. Whatever the contract, it is a legal relationship that takes place between two or more parties. The formation of this kind of relationship was the result of many unanimous consensuses after many consultations and reached a consensus. In the ”capital theory“, Marx made a brilliant exposition on the essence of the contract: ”