法治环境中的契约自由

Freedom of Contract in Law Rule Environment

契约自由作为私法自治的基本原则之一,在西方早期的经济发展中起到过积极的作用。随着经济的进一步发展和进步,加之社会问题的突出,到了现代市场经济时期,传统的契约自由思想已经"死亡"。现代意义上的法治环境中的以自由和平等为内涵的契约自由,则以一种理性的态度诞生在私法领域,并展示出勃勃生机。

Freedom of contract as a fundamental principle of the autonomy of private law played a positive role in the early economic development of the West. With the further economic development and progress, coupled with the prominent social issues, the traditional thought of contract freedom has been ＂dead＂ in the modem market economy era, The modem sense freedom of contract with freedom and equality in rule of law environment as the content is given birth to and spreads in the field of private law with a rational approach, and demonstrates its vigor and vitality.