摘要
合同自由原则具有丰富的法律内涵 ,其产生于近代资产阶级革命 ,是人类社会从“身份到契约”运动的高度概括 ,有其深刻的政治、经济、哲学历史原因。然而 ,绝对的契约自由在现代社会产生了不公平的现象 ,限制合同自由成为立法、司法的一项重要内容 ,目的是实践合同正义。合同自由原则在我国历经曲折后 。
The principle of contract freedom, which came into being in the Bourgeois Revolution, has rich legal intension and profound historic reasons relating to politics, economic and philosophy.Meanwhile, it is also a highl condensation of the movement 'from identity to contract' in human society. However, absolute contract freedom has caused unfair phenomena in modern society, so contract restraint has become an important part in legislation and judicature in order to realize the contract justice .In China, this principle has eventually been regulated in the Contract Law after a tortuous way.
关键词
合同自由原则
中国
合同法
市场经济
contract freedom
theoretical foundation
contract restraint
