合同相对性原则刍议

Study on the Relativity Principle of Contract

契约自由虽然一向是民法永恒的核心和灵魂,但如今却受到了巨大的冲击。在该思想的一系列衍生理论中,合同相对性原则作为最后一道防线,面临的挑战不言而喻,种种制度渐次从不同角度对其进行了突破,这一系列突破在价值上是重叠的,这一原则在现代市场经济条件下具有灵活的适应性,它经过不断的“突破”,定能焕发出强大的生命力,完成其现代化的历程。

The freedom of contract has always been regarded as eternal core and spirit of the civil law, but now, it encounters very serious collisions with various social systems. Consistent with this freedom of contract, a series of theories have been derived from it. Among them, the relativity principle of contract, considered the last defense of spirit, is undoubtedly faced with many challenges. In fact, little by little this principal has been broken through by various systems. And all these 'breakthroughs 'have brought increasing value to it. Today under the modem market economy system, this relativity principle of contract with flexible adaptability will be polished by further breakthroughs. It will prove to be very vital and forceful and will successfully accomplish its historical mission in our process of modernization.