强制缔约的适用分析

Analysis on the Application of Forced Contracting

由于严格遵守契约自由会造成当事人之间的不公平,于是就出现了强制缔约义务。但如果强制缔约义务滥用,同样会造成当事人之间的权利义务分配不均衡。因此,为了平衡缔约当事人之间的权利义务,应加深强制缔约义务适用的研究。

The duty of forced contracting comes into existence because it leads to the inequality among contracting parties to adhere strictly to contracting freedom. However,the inequality will occur similarly if the duty is abused. Therefore,in order to balance the fights and duties among contracting parties ,the research on the application of forced contracting shall be deepened.