合同相对性原则突破的价值

Values of Breakthrough in Relativity Principle of Contract

合同相对性原则曾一度被认为是合同制度的奠基石,自20世纪以来,各国立法及司法实践在承认相对性原则的前提下,对该原则进行了适当的突破。这些突破的价值体现在四个几方面:符合交易便利和交易经济原则,体现了促进交易的现代合同法理念;符合个人本位向社会本位法律思想转换的社会趋势;体现了形式正义与实质正义、一般正义与个别正义的有机统一;有利于节约诉讼成本,实现司法公正与效率。

Relativity principle of contract used to be regarded as the cornerstone of contract system. Since the 20th century, on the premise of accepting this principle, legislation and judicial practice in every country have in some measure broken through this principle. The values of breakthrough lie in four aspects： firstly, they conform to the principle of convenient and economic deal and demonstrate the modern contract concept of promoting business; secondly, they are consistent with social tendency of shift of legal thoughts from individual principle to social principle; thirdly, they combine both the formal justice and essential justice, and both common justice and individual justice; fourthly, they are conducive to saving lawsuit cost so as to realize judicial justice and efficiency.