契约自由和我国合同法  

Freedom of Contract and Our Contract Law

作　　者：唐虎兵[1] 邓华[1] 

机构地区：[1]绵阳师范学院政法系,四川绵阳621000

出　　处：《绵阳师范学院学报》2004年第4期4-8,共5页Journal of Mianyang Teachers＇ College

摘　　要：契约自由原则是近代契约法的核心和精髓。是生产力不断发展的内在要求和必然结果。本文就我国现行合同法中对契约自由原则既要坚持 ,又要防止契约自由的无限滥用。要求人们在尊重他人利益和社会利益前提下实现自己的合法利益。Freedom of contract is the core and essence of modern contract law. It is inherent law and inevitable outcome of the successive development of productive force. Since last century, the interference of the states in freedom of contract did not deny but reinforce it. The primary status in freedom of contract has not been shaken in contract law .On the contrary, it has become more scientific and reasonable. As far as this article is concerned, I will mainly discuss the insistence on freedom of contract and its limited usage as well. In order to guide and rectify freedom of contract and emphasize the principle of good faith. People are required to respect other’s benefits and social benefits. And only by doing so can the true spirit of freedom of contract be enhanced.

关 键 词：契约自由 合同法 中国 合法利益 

分 类 号：D923.6[政治法律—民商法学]