合同自由原则在国内法中的法律限制探析

On the Legal Restrictions of Principle of Freedom of Contract

合同自由原则已被世界各国民法、合同法以及国际条约和习惯所确认。我国统一合同法也对此原则予以广泛认可。本文在阐述合同自由原则及其表现的同时,着重从国内法的角度,从合同主体,当事人意思表示,违约责任,合同效力等不同侧面详细论述其法律限制及其必要性,并从公正、和平的立场出发予以价值判断。

The principle of freedom of contract is recognized by civil laws, contract laws, international treaties, customs worldwide, and it is also commonly recognized by the contract law in our country. In addition to illustrating the principle of freedom of contract and its manifestation by focusing on the legal restrictions, including the bodies of the contract, the expression of the parties, the responsibility of violating contracts, the effect of contracts and so on, this essay also gives it an objective value judgment.