2004Unpublished venueRequires access

Freedom of Contract and Our Contract Law

Tang Hu-bing

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Abstract

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.

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What this paper is about

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.

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Available abstract

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.

Key concepts: Freedom of contract, Severability, Privity of contract, Frustration of purpose, Social contract, Exclusion clause, Law, Law and economics

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