突发公共卫生事件下合同履行问题探究

An Empirical Study of Contract Fulfillment under Public Health Emergencies

摘要: 突发公共卫生事件常常引发各类合同纠纷。因该突发公共卫生事件原因导致合同履行不能或延期履行的民事纠纷案件在全国各地法院均有受理和判决。为了有效解决该类案件，最高人民法院和一些地方的高级人民法院颁布了相应的指导意见。本文针对突发公共卫生事件下合同履行进行实证研究，明确分析了突发公共卫生事件下合同履行障碍的定性，提出了突发公共卫生事件下合同履行规则适用困境与解决对策：提高当事人预测合同履行不能的敏锐度及其法律能力、引发合同履行障碍的突发性公共事件定性不能一概而论、注重合同履行障碍与突发公共卫生事件之间因果关系的认定。这对于解决实践中发生的因突发公共卫生事件导致的合同履行瑕疵等合同纠纷有所裨益。

Abstract: Public health emergencies often give rise to various types of contractual disputes. Cases of civil disputes in which the performance of a contract was prevented or delayed as a result of such public health emergencies have been accepted and adjudicated by courts throughout the country. In order to effectively resolve such cases, the Supreme People’s Court and some local Higher People’s Courts have issued corresponding guidelines. This paper conducts empirical research on contract performance under public health emergencies, clearly analyzes the characterization of contract performance obstacles under public health emergencies, and puts forward dilemmas and countermeasures for the application of contract performance rules under public health emergencies: improving the sensitivity of the parties in predicting the failure of contract performance and their legal ability, the characterization of the sudden public events which triggered the obstacles to contract performance cannot be generalized, and focusing on the contract performance obstacles between the public health emergencies and the public health emergencies. This is to solve the problem of causal relationship between contract performance obstacles and public health emergencies in practice. This will be useful in resolving contractual disputes arising from defects in contractual performance caused by public health emergencies in practice.