英美合同法对价理论的形成与流变

作为现代英美合同法的核心理论与原则的对价理论,在古典合同理论确立后,获得了一般化。就其内涵,英美法上先后出现了两种主要的经典理论:英国的获益受损理论和美国的对价交易理论。本文梳理了对价理论的历史演化过程,特别时上述两种经典对价理论各自的产生、流变、继承、含义、构成及二者之相互关联与差别进行了深入分析与研究。

The Formation and Evolvement of Theories of Consideration in Anglo-American Law of Contract

Doctrine of consideration, as one of the core theories and principles in Anglo-American law of contract, is generalized after the establishment of the classical contract theories. Two classical theoretical models of consideration arise for the purpose of clarifying its meaning: the Benefit-Detriment Theory in Britain and later the Bargain Theory in United States. The development of the doctrine of consideration and especially the creation, evolvement, connection, meaning and constitution of the above two main theories as well as their interaction and distinction is analyzed and studied deeply in this paper.