自始不能履行合同有效与民法规范体系之间的协调

摘要

In China the effectiveness of the contract that from the beginning is unable to perform is confirmed by the contract which is consistent with the international practice. However, in the current system of China's civil law, there are several legal acts between the effectiveness of the contract that from the beginning is unable to perform and the juristic act of civil law and the"Contract Law" of 51.This article discussed about the coordination between the effectiveness of the contract that from the beginning is unable to perform and the system of civil law from the point of hermeneutics and the application of the law, looking forward to the further study of the problem.%　　我国合同法确认了自始不能履行合同有效，此立法与国际通行做法一致，其法理的正当性应得到肯定。但是，自始不能履行合同有效在我国民法的现行体系下，存在与《民法通则》的法律行为、《合同法》51条的协调问题。本文从解释学与法律适用的角度，对自始不能履行合同有效与民法体系的协调进行梳理，期待该问题的进一步深入研究。