论合同法的效率和公平精神——以合同自由的发展为视角

Spirit of efficiency & fairness of The Contract Law——With the development of contract freedom for perspective

合同法是市场经济中调整平等主体间交换关系的最重要的法律,其主旨在于保障合同双方能从自由的交易行为中实现利益。作为调节经济行为的法律规范,其效率和公平价值具有十分重要的地位。从近代合同自由原则的核心和主导地位到现代合同自由的适当限制及诚实信用原则的"帝王条款"地位确立,无不凸显着合同法追求效率和公平的精神。

The law of contract is the most important law to adjust the exchange relationship between equality main bodies in a market economy. Its purpose is to protect both sides of the contract can obtain benefit from the free trading behavior. As a means of adjusting the economic behavior, efficiency and fair value is very important for this legal norm. In modern times, the principle of freedom once occupied the dominant position and was the core of the contract law, but later, the principle of freedom was properly limited and the principle of good faith established its position of imperial terms. The a- bove transformation highlights the pursuit of efficiency and fairness of the contract law.