契约自由发展探微

Development of Contract Freedom

契约自由作为民法原则,始于《法国民法典》。随着社会生活的发展,尤其是定式合同的出现,契约自由受到前所未有的挑战,甚至有的学者认为契约自由已经死了。定式合同的出现不但没有使契约自由衰落,相反加速了契约自由的演化进程,使契约正义从契约自由中突现出来。

As the civil law principle, freedom of contract began in The French Civil Code. With the development of social life, especially after the emergence of a fixed contract, freedom of contract is facing an unprecedented challenge, and some scholars even believe that the evolution of the process of contract was dead. The emergence of fixed contract is not the decline of contract freedom, but has accelerated the evolution of the contract justice in process of freedom of contract.