比较法视野下的《合同法司法解释（二）》悬赏广告规定之质疑

悬赏广告自古有之,今日犹然,且日益普遍。关于悬赏广告法律性质之争论,也从未止息。《最高人民法院关于适用〈中华人民共和国合同法〉若干问题的解释（二）》第3条虽对悬赏广告作出了规定,但较为原则且并未明确悬赏广告的法律性质。笔者认为,对悬赏广告法律性质之确定,应借鉴德国等大陆法系诸多国家之立法例,采单独行为说为宜。

On Challenge of the Second Judicial Interpretation of the Contract Law about Reward Advertisement from the Comparative Law Perspective

Reward advertisement has ever existed and is still popular now. The debate on its nature has never stopped. The Second Judicial Interpretation of the Contract Law made by the People’s Supreme Court has stipulated reward advertisement in Article 3, but the provision is so simple and general that it failed to define the nature of reward advertisement. Therefore, this paper suggests that the doctrine of unilateral conduct should be applied in defining the nature of reward advertisement by taking reference from other countries’ legislations such as Germany and other civil law countries.