摘要
契约正义是契约法律的基本理念,通过对其发展过程的了解,可以明晰契约法发展理念的变迁,进而洞悉其未来的发展方向。现代契约法以表现为契约自由的规制,体现根本的契约正义。强制缔约就是在这一前提下诞生的。本文分析了强制缔约的内涵,及与契约正义的联系,以期对其有一个根本的认识。
Contracting justice is a basic concept of contracting laws. The understanding of the developing process of contracting justice leads us to a clear understanding of the vicissitude of the idea of contracting laws and its developing trend. Modern contracting laws embody stipulations and rules of the freedom of contracts and represent fundamental contracting justice. Compulsory contracts are born under this prerequisite. This paper analyses the connotation of a compulsory contract and its relations with contracting justice. A clear understanding of the concept of contracting justice can thus be attained.
