合同履行障碍合同法解决机制

Contract Law Settlement Mechanism for Obstacles to Contract Performance

摘要: 合同履行障碍是指在合同履行过程中遇到了阻碍当事人正常履行合同的事由，主要表现为不可抗力、情势变更、标的物毁损等引发的合同履行障碍，同时，合同履行障碍也带来一系列风险负担问题。但我国关于合同履行障碍制度没有明确的规定，合同履行障碍问题的分类层次不明确，法条所涵盖的范围不清，导致实务中有关合同履行障碍的问题繁多且复杂。构建合同履行障碍的合同法解决机制不仅有利于提高司法实践的效率，更好地解决实践中有关合同履行障碍的问题，也是在《民法典》第577条的基础上对合同履行障碍体系的创新性解释。本文主要通过对合同履行障碍出现的原因进行分析，结合原因所引发的事实现象以及后续的法律效果，探索体系性的合同履行障碍的合同法解决机制。

Abstract: Obstacles to contract performance refer to the causes that hinder the parties’ normal performance of the contract in the process of contract performance, which are mainly manifested as obstacles to contract performance caused by force majeure, change of circumstances, damage of the subject matter, etc. Meanwhile, obstacles to contract performance also bring a series of risk burden problems. However, there are no clear regulations on the system of obstacles to contract performance in our country, and the classification level of obstacles to contract performance is not clear and the scope covered by law is unclear, which leads to many and complex issues about obstacles to contract performance in practice. The construction of contract law settlement mechanism of contract performance obstacles is not only conducive to improving the efficiency of judicial practice and better solving the problems related to contract performance obstacles in practice, but also an innovative interpretation of the system of contract performance obstacles on the basis of Article 577 of the Civil Code. This paper mainly through the analysis of the causes of the obstacles to contract performance, combined with the causes caused by the fact phenomenon and subsequent legal effects, to explore the system of contract law settlement mechanism of the obstacles to contract performance.