在英美法系国家,默示条款制度是解决合同漏洞的相应的制度。根据添加默示条款的依据可以将其分为三类。通过考察这三类默示条款,可以看出,主导着法院添加默示条款的实质性思维方式是法律经济学的。沿着法律经济学的进路,传统的规范性默示条款理论不仅被简化了,同时人们的思考也被节省了。从实证的角度考察,无可否认我国合同法律体系中存在着实质意义上的默示条款制度,但是欠缺体系化研究。 In common law countries, the system of implied terms is the corresponding system to solve the loopholes in the contract. According to the basis of adding the implied terms can be divided into three categories. By examining the three categories of implied terms, one can see that the substantive way of thinking that dominates the court’s inclusion of implied terms is legal economics. Along the path of legal economics, the traditional normative terms of implied terms have not only been simplified, but also people’s thinking has been saved. Investigating from an empirical point of view, it is undeniable that there is an implied term system in the contract legal system of our country, but there is no systematic study.