《民法典》合同履行规则检视

合同履行制度处于整个合同法律制度的核心位置。相较于其他各国民法典,我国《民法典》合同编对合同履行规则的立法安排具有自身特点：“履行”的指向为“合同”而非“债之关系”,根据合同关系的发展过程规定“履行”,“不履行”被作为违约形态纳入“违约责任”一章。《民法典》合同编在《合同法》的基础上,对“合同的履行”作出优化法定补充规则、衔接不安抗辩权与预期违约、完善情势变更制度等实质性修改以及若干形式上的修订,同时增补了“绿色”原则、债的履行规则以及“涉他合同关系”之规范。《民法典》合同编对政府指导价格及政府定价的执行、不安抗辩权的构成、债权人原因所致债务人履行困难等规则的保留值得肯定,但“当事人变化对合同履行的影响”之规定则无必要。《民法典》合同履行规则的缺憾包括合同履行原则不合理、债的履行规则不完备、“涉他关系”之规范不适当等。

Review of Contract Performance Rules in the Civil Code

The contract performance system is at the core of the entire contract legal system. Compared with the civil codes of other countries, China's Civil Code has different characteristics in its legislative arrangements for contract performance rules: “Performance” refers to “contract” rather than “debt relationship”, which is based on the development process of contract relationship. “Performance” and “non-performance” are included as a form of liability for breach of contract as liability for breach of contract. The Civil Code contract is compiled on the basis of the Contract Law to optimize the statutory supplementary rules for the “performance of the contract”, link up the right of uneasy defense and anticipated breach of contract, improve the situation change system and other substantive amendments and several formal amendments. At the same time, the “green” principle, debt performance rules, and “relationship with others” specifications have been added; the reservation of the rules regarding the implementation of government-guided prices and government pricing, the formation of Precarious Right to defense, and debtor performance difficulties due to creditors' reasons are worthy of recognition, but the “impact of changes in the parties to the performance of the contract” should be deleted. The shortcomings of the Civil Code contract performance rules include unreasonable contract performance principles, incomplete debt performance rules, and inappropriate norms for “relationships involving others”.