违约自由论

On Freedom of Breaking a Contract

合同本质上就是当事人通过自由协商 ,决定其相互之间的权利、义务关系 ,并根据其意志调整他们相互之间的关系的协议。当事人有是否缔约的自由 ,和谁缔约及决定合同内容的自由 ,变更与解除合同的自由。但违约是否自由则从未明确地说明。而人们往往根据违约责任的存在而否定违约行为的自由。事实上我们日常生活中的违约行为往往就是缔约一方的自由选择的结果。文中从以下方面来说明违约的自由 :违约行为的现实合理存在 ;合同法未对违约行为进行限制 ;对违约行为的适当规制并不是对违约行为的禁止。

Contract,in fact, is that persons concerned make a decision on the rights and duties between themselves through their free consultation,and readjust the above according to their wills. Persons concerned have freedom of whether to make a contract,what contract to make,with whom to make it, to modify or terminate it, or not. But it has not been clearly explained whether people concerned are free to break a contract. We usually refuse the freedom of breach of contract on the basis of responsibility of breaking it. Actually, actions of breaking a contract is the result of defining one side's free choice in our daily life. The text explains the freedom of breach of contract as following:Breaking one's promise lies reasonable in life; The law of contract doesn't define the action of breaking a contract . Properly restricting the action of breach of contract is not prohibiting it.