Dogmatics Attribution of Anonymization of Data Sharing Contracts from the Perspective of Civil Code
Data sharing contract refers to the contract that involves the exchange and combination of data in dif-ferent forms among different individuals in the whole chain of data production,processing and use.In the large col-lection of data sharing contracts,one is often confronted with various types of contracts based on complex and varia-ble data flow patterns.At present,it is a common practice in the world to categorize and deal with the related legal problems according to the characteristics of prestation.Based on this,this paper discusses the classification of data sharing contracts and the corresponding doctrinal position in the perspective of the Civil Code from the standpoint of interpretive theory.According to the dogmatics analysis of the existing legal norms,it is relatively appropriate to position the data sharing contract as a whole under the category of innominate contract,basically because it belongs to a new type of contract outside the meaning of the existing rules designed by the legislator.While respecting the legislator's original intention,such an approach can also activate the existing norms of China's Civil Code through the legal application of the rules of the innominate contract,in order to solve the legal difficulties related to contract law in the field of data sharing.
data sharing contractsCivil Codelegal dogmaticsinnominate contracts
万方数据
维普
