《民法典》第160條（附期限法律行為）評注

Commentary to Article 160 of the Civil Code (Juristic act Subject to Terms)

《民法典》第160條承認當事人享有對法律行為附加期限的自由。期限具有未來性和必至性。生效期限和終止期限是我國實證法規定的期限類型。以期限事實是否于確定的時點發生為標準，期限還可以分為確定期限和不確定期限。抵銷權、撤銷權、解除權等形成權的行使行為、指定繼承人的遺囑、親屬法上的非財產性法律行為等，依其性質不得附期限。當事人在期限到來之前享有期待權。附生效期限的法律行為，自期限屆至時生效。附終止期限的法律行為，自期限屆滿時失效。當事人不得依其意思賦予期限到來以溯及力。

Article 160 of the Civil Code provides that parties have the freedom to add a term as to the effectiveness of the juristic act. The term has two features: it has to be in the future, and it should be certain to happen. The positive law of our country regulates two kinds of terms: initial term and final term. Based on whether the time on which the fact the term refers to is certain or not, the term itself can be classified as a certain term or an uncertain term. Terms cannot be added to some kind of juristic acts because of their peculiar nature, such as to the exercise of the right to offset, the right to revoke, the right of cancellation and so on, as well as to juristic acts such as the will to designate a heir, and juristic acts related the personal rights in the area of family law, etc. Parties have the right of legitimate expectation until when the term expires. A juristic act subject to an initial term is producing its effect since when the term expires. A juristic act bearing a final term will be effective until when the term expires. The will of the parties cannot provide the expiration of the term with retrospective effect.