Thoughts on the Principle of Freedom of Contract and the Provisions about the Principle in Contract Law
Wentao Hu
Abstract
Wentao Hu
Abstract
There is a highly important principle in contract law, which is the principle of freedom of contract, a principle from Roman law, accomplished in modern times and is still accepted by two capitalistic law systems now. Through renewing the concept of contract, striking out provision reflecting planned economy system, establishing and improving a serious of legal system about freedom of contract and setting up more optional clauses, contract law of the people's republic of china sticks to the principle of freedom of contract. But there is still a long distance between the ideal and actualities of freedom of contract.
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There is a highly important principle in contract law, which is the principle of freedom of contract, a principle from Roman law, accomplished in modern times and is still accepted by two capitalistic law systems now. Through renewing the concept of contract, striking out provision reflecting planned economy system, establishing and improving a serious of legal system about freedom of contract and setting up more optional clauses, contract law of the people's republic of china sticks to the principle of freedom of contract. But there is still a long distance between the ideal and actualities of freedom of contract.
Key concepts: Freedom of contract, Severability, Law, Privity of contract, Frustration of purpose, Ideal (ethics), Exclusion clause, China