2003Hebei faxueRequires access

The Unity of Contract Freedom Principle and Contract Justice Principle

Caihong Tang

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Abstract

Freedom and fairness are the indispensable element for normal business activities. The Contract Law, which is the regulation for standardizing the market must component unite the contract freedom, and contract justice, which can maintain its normal business activities. The principle of contract freedom is the base for free competition, and the principle of contract justice is the necessary limitation for free competition. Only when the agreement of parties is component united with the national will which is shown as law and display its legal validity, can the contract freedom be done really. The understanding about the unity of two principles of China is in the new made contract law; it does not only reflect the spirit of contract freedom, but also permeate the gist of contract justice. However, some articles, which could not reflect the two principles scientifically, should be amended. Thus the market economic business could be effectively developing in a normal way.

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What this paper is about

Freedom and fairness are the indispensable element for normal business activities. The Contract Law, which is the regulation for standardizing the market must component unite the contract freedom, and contract justice, which can maintain its normal business activities. The principle of contract freedom is the base for free competition, and the principle of contract justice is the necessary limitation for free competition. Only when the agreement of parties is component united with the national will which is shown as law and display its legal validity, can the contract freedom be done really. The understanding about the unity of two principles of China is in the new made contract law; it does not only reflect the spirit of contract freedom, but also permeate the gist of contract justice. However, some articles, which could not reflect the two principles scientifically, should be amended. Thus the market economic business could be effectively developing in a normal way.

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Available abstract

Freedom and fairness are the indispensable element for normal business activities. The Contract Law, which is the regulation for standardizing the market must component unite the contract freedom, and contract justice, which can maintain its normal business activities. The principle of contract freedom is the base for free competition, and the principle of contract justice is the necessary limitation for free competition. Only when the agreement of parties is component united with the national will which is shown as law and display its legal validity, can the contract freedom be done really. The understanding about the unity of two principles of China is in the new made contract law; it does not only reflect the spirit of contract freedom, but also permeate the gist of contract justice. However, some articles, which could not reflect the two principles scientifically, should be amended. Thus the market economic business could be effectively developing in a normal way.

Key concepts: Freedom of contract, Severability, Privity of contract, Frustration of purpose, Economic Justice, Element (criminal law), Exclusion clause, Law

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