《合同法》中的"交易习惯",是一个弹性概念,在合同事实的认定上,"交易习惯"应视为具有规制意义的事实习惯,此时它只是待证事实;在合同效力的解释上,"交易习惯"可视为"习惯法"。但鉴于"交易习惯"并非立法机关制定的法律,因此,"交易习惯"只能作为"情理"辅助合同条款的解释,而不能作为直接判决根据。我们可以借鉴民国时期有关"交易习惯"判例,通过个案发布的形式,为"交易习惯"审判提供具有指导意义的"规则"。%"Contract Law" in the "trade practices", is a flexible concept, findings of fact in the contract, the " trading habits " should be consid- ered to have regulatory significance of the fact t, then it is only the alleged facts; the effectiveness of the explanation of the contract on " trading habits " can be regarded as "customary law. " However, in view of " trading habits " is not the law enacted by the legislature, so the " trading hab- its " can only aid as "Reasonable" in the explanation of contract terms, riot as a direct sentence basis. We can learn case by case issued in the form of " trading habits " from the Republic of china ,trial offers guidance "rules. "
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