2001Unpublished venueRequires access

Re-exploration of the Status of Freedom of Contract Principle

Cheng Zong

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Abstract

In the western modern contract law,the contract freedom principle suffers from a great attack and falls into decay with each passing day. The principle of freedom of contract has the positive role in the development of market economy; on the other hand,it has the negative role which is harmful to the development of market economy.The socialist nature of our country’s market economic system and our country’s specific conditions decide also that the freedom of contract principle is only one of the basic principles of our country’s contract law and we must oppose the tendency that makes it absolute and sacred.

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What this paper is about

In the western modern contract law,the contract freedom principle suffers from a great attack and falls into decay with each passing day. The principle of freedom of contract has the positive role in the development of market economy; on the other hand,it has the negative role which is harmful to the development of market economy.The socialist nature of our country’s market economic system and our country’s specific conditions decide also that the freedom of contract principle is only one of the basic principles of our country’s contract law and we must oppose the tendency that makes it absolute and sacred.

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Available abstract

In the western modern contract law,the contract freedom principle suffers from a great attack and falls into decay with each passing day. The principle of freedom of contract has the positive role in the development of market economy; on the other hand,it has the negative role which is harmful to the development of market economy.The socialist nature of our country’s market economic system and our country’s specific conditions decide also that the freedom of contract principle is only one of the basic principles of our country’s contract law and we must oppose the tendency that makes it absolute and sacred.

Key concepts: Freedom of contract, Economic freedom, Socialist market economy, Severability, Exclusion clause, Law and economics, Economics, Law

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