继续性合同及其类型论

理解继续性合同的概念,应着重把握时间因素在其中的作用,关键之处并不在于给付在时间上的持续性,而在于给付本质上的无限延续性,从而,时间的长短决定总给付范围的多寡,这是继续性合同的基本特色。继续性合同可分为固有的继续性合同、继续性供给合同与继续性交易关系三类。需要辨明,总给付范围自始可被预估的连续供应合同也属于继续性供给合同;电、水、气供应合同及电话合同在给付构成上虽略有不同,仍不失为继续性供给合同;现代企业间的继续性交易关系也是一类继续性合同。

Contracts for Performance of Recurring Obligations and Their Categories

To understand the concept of contracts for performance of recurring obligations, it is essential to focus on the role of time. The key lies in the infinite continuity that defines the nature of performance, rather than the continuity of performance in terms of time. Therefore, the range of performance depends on the length of time, which is the basic feature of contracts for performance of recurring obligations. These contracts can be divided into three categories, i.e. the inherent contracts for performance of recurring obligations, supply contracts for performance of recurring obligations and contracts for performance of recurring transactions. It is necessary to clarify that where the whole range of performance can be predicted from the outset; such contracts can be attributed to supply contracts for performance of recurring obligations. Supply contracts for electronic, water, gas and telephone can also be classified as supply contracts for performance of recurring obligations though there are slight differences in their respective constitution of performance. Further, recurring transac- tions between modern enterprises can be defined as one type of contracts for performance of recurring obligations.