论以订约目的为依据的合同分类

以订约目的为标准对合同进行分类具有理论与现实意义。合同当事人订立合同的目的大体可以分为四类:创设各种民商事主体的合同,如通过合同创设合伙、公司、中外合资经营企业等;创设各种民事权利的合同,如通过合同创设债权、物权、知识产权、身份权等;变更合同权利义务的合同,即通过合同对已经成立的合同进行变更;解决合同争议的合同,即通过合同解决民事争议。此四类合同各具特征。

On the contract classification based on the purpose of bargaining

The classification based on the purpose of bargaining has important bearing on the theory and reality. The purpose of bargaining can be classified in four kinds: the contract to create some subject of civil and commercial law, for instance, creating some partnership, enterprise and Chinese and foreign joint venture; the contract to create all kinds of civil right, for instance, creating obligatory right, real right, copy right and right of status; the contract to alter right and duty, that is, altering the current contract by new contract; the contract to solve disputes in contract, that is, solving civil disputes by contract. Such four contracts have respective characteristics.